The alarming truth is that the details of this letter have not been released by Musk or his legal counsel — no, the DOJ itself has made it public. This is a calculated move designed to intimidate and silence dissenting voices. In fact, the Office of the Attorney General for the State of Texas submitted a Freedom of Information Act request to the DOJ regarding the disclosure of the letter to America PAC. By releasing this letter, the DOJ not only undermines the rights of individuals and organizations to participate in the political process, but also sends a clear message that any political involvement can be scrutinized.

I have previously expressed serious concerns about DOJ’s growing influence over political activity. Last September, I testified before the House Administration Committee and condemned the 2023 Memorandum of Understanding between the Federal Election Commission and the DOJ because it makes it easier for two government agencies to share information. As I said then and I still believe, this cooperation effectively creates an atmosphere of fear for political organizations and individuals, turning what should be a vibrant democratic process into a minefield of potential legal consequences.

The DOJ’s actions appear to reflect an alarming belief that political participation is a privilege to be monitored and controlled, rather than a fundamental right guaranteed to every American. This mentality is not only an affront to freedom of expression; it is a direct attack on the very essence of democracy. When government agencies exercise their power to intimidate and investigate those who dare to engage in politics, they threaten to silence dissent and stifle the diverse voices that are essential to a healthy democracy.

The implications of this trend are profound. If we allow DOJ to continue down this path, we risk creating an environment where only the most cautious or best-resourced individuals and organizations can afford to participate in politics. This is not the America our founders envisioned — a nation where every voice counts, where involvement in the political process is encouraged, not criminalized.

CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER

It is imperative that we stand against these attempts to undermine our democratic principles. We must call on our representatives to hold the DOJ accountable and ensure that political participation remains a right, not a risk. The DOJ’s alarming actions should serve as a wake-up call to all who value democracy. We cannot afford to let political intimidation dictate the terms of our engagement in the civic arena. It is time to protect our right to participate in democracy without fear of punishment or criminalization.

Trey Trainor is currently a commissioner on the Federal Election Commission. He was nominated to that post by then-President Donald Trump and was confirmed by the US Senate in 2020. He has practiced campaign finance and election law for over two decades.