U.S. Attorney Hints at Prosecutions over ‘Targeting’ of DOGE Employees

An American flag is reflected in the window of the Office of Personnel Management (OPM) headquarters as people gather to protest, after the Elon Musk-led Department of Government Efficiency (DOGE) was charged with oversight of OPM, in Washington, U.S. February 2, 2025.
16:30 JST, February 4, 2025
Interim U.S. attorney Edward R. Martin Jr. alleged in a statement Monday that his office in D.C. had found evidence that people “committed acts that appear to violate the law in targeting” employees of Elon Musk’s “Department of Government Efficiency” – an unusual statement that came without any public criminal charges.
Hours after making public a letter he wrote to Musk saying the U.S. attorney’s office would “pursue any and all legal action against anyone who impedes your work or threatens your people,” Martin posted on X that his “initial review of the evidence” had found wrongdoing and hinted that he planned to take legal action.
“We are in contact with FBI and other law-enforcement partners to proceed rapidly. We also have our prosecutors preparing,” Martin said.
Martin’s statement did not say what laws were broken or what evidence there was of illegal conduct, though Musk had earlier highlighted a string of menacing online posts about those working for DOGE. The images, posted on X by the account @reddit_lies, included users saying “Muskrat’s DOGE Henchmen have identified,” “let’s drag their necks up by a large coil of rope” and “ … doing this type of thing to the American people should result in you fearing for your life, if you get to keep it.” The Reddit thread from which the images seemed to have been drawn was deleted as of Monday evening.
“They have broken the law,” Musk wrote, reposting the @reddit_lies account’s own message.
The letter came after a flurry of controversial DOGE-related activity in recent days, including some that drew members of Congress to the U.S. Agency for International Development on Monday to raise concerns. Musk’s DOGE representatives moved over the weekend to take over and shut down that agency, removing top security officials at USAID who refused to allow DOGE representatives access to restricted spaces at the agency. DOGE representatives gained access to the Treasury Department’s payment system, federal personnel files, and the agency that handles government contracts, real estate and equipment. Officials who raised concerns about access to sensitive systems retired or were put on leave.
A spokesperson for the U.S. attorney’s office declined to comment. A spokeswoman for DOGE did not immediately respond to a request for comment. However, Musk reposted Martin’s statement, in which the U.S. attorney added, “See something, say something.”
A person close to the U.S. attorney’s office, speaking on the condition of anonymity because they were not authorized to discuss the matter publicly, said Martin was concerned for the safety of a team of software engineers working for Musk who have been named in news accounts. Martin worked with the engineers and Musk during the transition as chief of staff for Russell Vought, the nominee to lead the Office of Management and Budget, the person said.
While it is not unusual for a prosecutor to publicly confirm an investigation into a matter of public importance, Martin’s statement was atypical in alleging violations of law before any charges were filed. Charges stemming from online threats can also be difficult – though federal law would give prosecutors jurisdiction to investigate communications via the internet and across state lines. In 2023, the Supreme Court reversed the conviction of a man who made extensive online threats to a stranger, saying free speech protections require prosecutors to prove the stalker was aware of the threatening nature of his communications.
Barbara McQuade, who served as U.S. attorney for the Eastern District of Michigan under President Barack Obama, called Martin’s letter highly unusual and said it appeared designed to silence Musk’s critics.
“It strikes me as an effort to put a chilling effect on people who might be inclined to exercise their First Amendment rights,” said McQuade, a University of Michigan law professor. “That is an abuse of power.”
In Martin’s letter to Musk posted Monday morning, he wrote: “It was good to work with the DOGE team this weekend. We must keep all our American government employees safe and we must protect the American people’s property. Anyone imperiling others violating our laws.”
Addressing Musk as “Dear Elon,” and adding “Elon” in his personal handwriting, Martin assured the Trump adviser that “any threats, confrontations, or other actions in any way that impact their work may break numerous laws.”
Martin has taken a high profile since Jan. 20, when the conservative activist and commentator became the first U.S. attorney for D.C. in at least 50 years to be appointed without experience as a judge or a federal prosecutor. He fired Capitol riot prosecutors who were recently hired and still on probationary status and ordered top supervisors in the office to investigate their colleagues’ handling of some prosecutions tied to the Jan. 6, 2021, attack after President Donald Trump’s mass pardons. He also launched an inquiry involving Senate Minority Leader Charles E. Schumer (D-New York), writing to ask the top Democrat about his quickly walked-back statement in a March 2020 rally that two of Trump’s Supreme Court appointees, Neil M. Gorsuch and Brett M. Kavanaugh, would “pay the price” for a vote against abortion rights.
“We take threats against public officials very seriously. I look forward to your cooperation,” Martin wrote to Schumer in a Jan. 21 letter obtained by The Washington Post.
Martin has maintained an outspoken presence on his personal and official U.S. attorney social media accounts. While his bold statements are likely to be welcomed by Trump and allies, career prosecutors who have served under presidents of both parties say Martin is politicizing the office and breaking with past Justice Department practice.
McQuade said Martin’s letter looked more like a press release than routine correspondence, and its familiar tone went against the notion that prosecutors are not supposed to give anyone special treatment.
“Ed Martin, with all of his rhetoric on Twitter, seems to be suggesting that he is all-in in President Trump’s camp and is going to exercise his power in a way that is favorable politically,” she said. “The principles of federal prosecution say that politics should never play a role in a decision that a prosecutor makes. And it seems that Ed Martin is violating that provision of the principles of federal prosecution.”
In his letter to Musk, Martin said he was purposefully breaking from the past administration.
“We will not act like the previous administration who looked the other way as the Antifa and BLM rioters as well as thugs with guns trashed our capital city. We will protect DOGE and other workers no matter what,” Martin said. Referring to a recent economic espionage case his office filed against a former senior adviser to the Federal Reserve Board of Governors, Martin asserted that the man worked for “the Communist Chinese” and that his charges should be a warning.
“Please be very aware that there are those who are acting against our American people in every way,” Martin wrote. “Refer to us any questionable conduct or details you find or notice. Please keep in touch.”
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