The Justice Department’s Ongoing Assault on Political Participation

The disturbing truth is that the details of this letter were not disclosed by Musk or his lawyer – no, the Justice Department itself made them public. This is a calculated move designed to intimidate and silence dissent. In fact, the Texas Attorney General’s Office submitted a Freedom of Information Act request to the Department of Justice regarding the release of the America PAC letter. By issuing this letter, the Department of Justice not only undermines the rights of individuals and organizations to participate in the political process, but also sends a clear message that any political participation may come under scrutiny.

I have previously expressed serious concerns about the Justice Department’s growing influence over political activity. Last September, I testified before the House Administration Committee and denounced the 2023 Memorandum of Understanding between the Federal Election Commission and the Department of Justice because it facilitates the sharing of information between the two government agencies. As I said then and still believe, this collaboration effectively creates an intimidating atmosphere for political organizations and individuals, turning what should be a dynamic democratic process into a minefield of potential legal consequences.

The Justice Department’s actions appear to reflect a troubling 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 attack on the very essence of democracy. When government agencies use 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 Department of Justice to continue down this path, we risk creating an environment in which only the most cautious or well-resourced individuals and organizations can afford to engage in politics. This is not the America our founders envisioned—a country where every vote counts, where participation in the political process is encouraged, not criminalized.

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It is vital that we resist these attempts to undermine our democratic principles. We must call on our representatives to hold the Department of Justice accountable and ensure that political participation remains a right, not a risk. The disturbing actions of the Department of Justice should serve as a wake-up call to all who value democracy. We cannot allow political intimidation to dictate the terms of our participation in the civic arena. It’s time to protect our right to participate in democracy without fear of retaliation or criminalization.

Trey Trainor is currently a member of the Federal Election Commission. He was nominated for the post by then-President Donald Trump and was confirmed by the US Senate in 2020. He has been involved in campaign finance and election law for more than two decades.