The alarming truth is that the details of this letter weren’t leaked by Musk or his legal counsel — no, the DOJ itself 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 has submitted a Freedom of Information Act request to the DOJ regarding the disclosure of the letter to America PAC.  By broadcasting 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 may come under scrutiny.

I have previously expressed grave concerns about the DOJ’s growing influence over political activity. In September of last year, I testified before the House Committee on Administration and condemned the 2023 Memorandum of Understanding between the Federal Election Commission and the DOJ, because it more readily facilitates the sharing of information between two governmental agencies. As I said then, and still believe, this cooperation effectively creates a chilling atmosphere for political organizations and individuals, transforming what should be a vibrant democratic process into a minefield of potential legal consequences.

The DOJ’s actions seem 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 just an affront to free speech; it is a direct assault on the very essence of democracy. When government agencies wield 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 the DOJ to continue down this path, we risk creating an environment where only the most cautious or well-resourced individuals and organizations can afford to participate in politics. This is not the America our founders envisioned — a nation where every voice matters, where engagement in the political process is encouraged, not criminalized.

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

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