U.S. Rep. Robert Garcia (D-CA) speaks while displaying a photograph of Tesla and SpaceX CEO Elon Musk, during the House Oversight and Government Reform Subcommittee on Delivering on Government Efficiency in the Rayburn House Office Building on February 12, 2025 in Washington, DC. The subcommittee held a hearing titled "The War on Waste: Stamping Out the Scourge of Improper Payments and Fraud."
The Department of Justice, under President Donald Trump and Attorney General Pam Bondi, is targeting Democratic lawmakers for their speech. The latest example is a letter sent to gay California U.S. Rep. Robert Garcia, demanding he clarify his criticism of billionaire Elon Musk and the Trump administration.
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The February 17 letter from acting U.S. Attorney for the District of Columbia Edward R. Martin, Jr. cites Garcia’s comments during a CNN interview in February, when he said, “What the American public wants is for us to bring actual weapons to this bar fight. This is an actual fight for democracy.” Martin claims some interpreted this as a threat against Musk—whom he describes as an “appointed representative” of Trump—and government staff working under him.
Related: Robert Garcia displays Elon Musk ‘dick pic’ in House DOGE hearing using Marjorie Taylor Greene’s antics
“Their concerns have led to this inquiry,” Martin wrote.
The letter also calls out Garcia’s characterization of Musk as a “dick” during the same CNN interview, where Garcia said, “Well, he is a dick, and I think he’s also harming the American public in an enormous way.” Martin suggests that the combination of these statements raises concerns about the safety of government officials and appointees and demands that Garcia clarify whether his words were meant as a threat.
Garcia rejected the DOJ letter as political intimidation. “So if you criticize Elon Musk, Trump’s DOJ will send you this letter,” Garcia wrote on social media. “Members of Congress must have the right to forcefully oppose the Trump Administration. I will not be silenced.”
According to reporting from The Washington Post, the letter is part of “Operation Whirlwind,” a new DOJ initiative under Martin, which he described in an internal email as an effort to “stop the storm of threats” against government officials. However, the Post notes that the initiative appears focused on Democrats and critics of the Trump administration rather than addressing broader concerns about threats to public officials.
Martin’s office has also sent multiple letters to Senate Minority Leader Chuck Schumer of New York, reviving an old controversy over comments Schumer made in 2020 about conservative Supreme Court justices. Legal experts have questioned the legitimacy of the inquiries.
“I’ve never seen anything like these letters from a U.S. attorney,” Barbara McQuade, a former federal prosecutor, told The Post. “It seems like a fair inference that these letters are designed more to chill free speech than to seek clarification, as they purport to do.”
The Post also reports that Martin has been in direct contact with a senior aide to Musk, discussing alleged threats against staffers at the Department of Government Efficiency, a cost-cutting agency Trump created by executive order and placed under Musk’s leadership. Martin has assured Musk that his office will “chase [perpetrators] to the ends of the Earth.”
Garcia has been an outspoken critic of Musk’s role in the administration, particularly his leadership of DOGE. At a recent House hearing, Garcia mocked Musk’s influence, calling his presence in government a “power grab” designed to enrich billionaires while dismantling the social safety net. During the hearing, Garcia also ridiculed Musk by holding up a large photo of him in a tuxedo and calling it his version of a “dick pic”—a jab at Georgia Republican U.S. Rep. Marjorie Taylor Greene, the chair of the DOGE subcommittee, who, in 2023, infamously displayed explicit images of former-President Joe Biden’s son, Hunter, during a House hearing.
Martin’s has longstanding ties to Trump’s political movement. A former “Stop the Steal” organizer, Martin was present inWashington, D.C., during the Capitol insurrection on January 6, 2021, and later posted on social media that the attack on the Capitol felt “like Mardi Gras in D.C.—love, faith, and joy.” He has also made past statements suggesting that Trump’s political enemies should be “held accountable” in ways that critics say resemble political retribution.
The Advocate reached out to Garcia’s office for comment but did not receive a response from a spokesperson.
As of publication, the DOJ has also not responded to a request for comment.
