The most senior federal prosecutor in Washington, D.C. has written to senior Democratic politicians warning them that they are under investigation for past comments about Republicans.

Why It Matters

The letters from U.S. Attorney, Ed Martin, are unprecedented and have been denounced by Democrats, who see them as the Trump administration’s first attempts to undermine free speech and also Trump’s attempts to get revenge for his criminal indictment for allegedly trying to undermine the 2020 election result.

Newsweek sought email comment on Friday from the offices of U.S. Attorney Ed Martin; Senator Chuck Schumer and Congressman Robert Garcia.

What To Know

In recent weeks, Martin has written to several senior Democrats, warning them that some of their past comments may be considered possible threats to Republicans and could be placed under investigation. Among those who received a letter were Congressman Robert Garcia.

What Did Robert Garcia Say About Elon Musk?

On February 12, CNN host Brianna Keilar asked Garcia why he called Elon Musk a “d**k” during a House Delivering on Government Efficiency Subcommittee hearing.

During the hearing, Republican Congress member, Marjorie Taylor Greene, had shown an intimate photo of President Joe Biden‘s son, Hunter Biden, and said it was a “d**k pic.”

Garcia lifted up a photo of Elon Musk and said it was also a d**k pic.

Explaining his remarks to Keilar, Garcia said of Musk: “Well, he is a d**k, and I think he’s also harming the American public in an enormous way.”

He also said Democrats need to be more aggressive during committee meetings.
“What I think is really important and what the American public want is for us to bring actual weapons to this bar fight.”

“This is an actual fight for democracy, for the future of this country. And it’s important to push back on the chairperson of this committee,” Garcia said.

Martin’s letter to Garcia on Feb. 17, points out that Garcia had called Musk a “d**k” in the CNN interview and asked for clarifications about Garcia’s “weapons” comment.

“This sounds to some like a threat to Mr. Musk—an appointed representative of President Donald Trump who you call a “d**k”—and government staff who work for him. Their concerns have led to this inquiry.”

“We take threats against public officials very seriously. I look forward to your cooperation with my letter of inquiry.”

What Did Chuck Schumer Say About Supreme Court Justices?

In March, 2020, Senator Chuck Schumer was addressing an abortion rights protest outside the Supreme Court when he commented on two Trump-appointed Supreme Court judges: “I want to tell you [Neil] Gorsuch. I want to tell you [Brett] Kavanaugh. You have released the whirlwind and you will pay the price. You won’t know what hit you if you go forward with these awful decisions.”

Schumer retracted those comments on the Senate floor the next day and said those were not the words he intended to use. “I should not have used the words I used yesterday,” he said, adding that his words did not come out the way I intended.”

He said that wanted to convey that “there would be political consequences—political consequences, for President Trump and Senate Republicans—if the Supreme Court, with newly confirmed Justices, stripped away a woman’s right to choose.”

In a letter to Schumer on January 21, Martin included a link to Schumer’s comments, which he said were “off the campus of the U.S. Capitol” and therefore did not have legal protection.

“At this time, I respectfully request that you clarify your comment from March 4, 2020,” Martin wrote, adding that Schumer made the comments “clearly and in a way that many found threatening.”

What People Are Saying

On February 20, Garcia wrote on X, formerly Twitter, that “Trump’s Department of Justice is targeting me for criticizing Elon Musk. Members of Congress have a right to speak freely and oppose the Administration—especially as they try to destroy our agencies and federal institutions. We won’t back down.”

What Happens Next

Martin’s office is continuing to investigate comments made by senior Democrats before making a decision on whether to prosecute. However, as many of the comments were made in a political context, they are unlikely to lead to criminal charges.