U.S. Rep. Robert Garcia (D-Calif.) is pushing back after President Donald Trump’s interim U.S. Attorney for D.C., Ed Martin, disclosed his office’s inquiry into whether the congressman’s remarks about Elon Musk earlier this month constituted a threat against a public official.

“This is completely ridiculous, to essentially threaten me with possible prosecution [and] investigations through the U.S. Department of Justice because I used a metaphor to criticize Elon Musk,” Garcia told The Bulwark’s Tim Miller during an interview on Thursday.

At issue is a Feb. 12 appearance on CNN during which, as Martin said in a letter to the congressman’s office on Monday, “When asked how Democrats can stop Elon Musk, you spoke clearly: ‘What the American public wants is for us to bring actual weapons to this bar fight. This is an actual fight for democracy.'”

He continued, “This sounds to some like a threat to Mr. Musk – an appointed representative of President Donald Trump who you call a ‘dick’ – and government staff who work for him. Their concerns have led to this inquiry.”

Garcia’s comments came just after he participated in the first House subcommittee hearing on Musk’s DOGE, the Department of Government Efficiency, which was established by an executive order issued on the first day Trump took office.

In a statement to the Washington Blade, House Democratic Leader Hakeem Jeffries (N.Y.) said “Rep. Robert Garcia is a thoughtful, hardworking and law abiding legislator who serves his constituents and the nation with distinction. House Democrats will not be intimidated by far right extremists who are determined to weaponize the criminal justice system against Congress.”

Garcia serves on the powerful House Oversight Committee as well as in the Congressional Equality Caucus, as one of its 11 LGBTQ co-chairs. In November, he was elected the Democratic Caucus Leadership Representative.

“I’ve talked to a lot of folks, members of the House and others, who have been very supportive.” he said on Thursday. “I said, ‘Look, we can’t allow this singling out of me. It’s not really about me, right? This is about silencing critics and critics in Congress.'”

Later in the interview, he added “we’re talking to the appropriate folks, and of course, talking to folks in the Democratic leadership” who understand the broader stakes in terms of “our job” as House Democrats to “be the loyal opposition.”

U.S. Rep. Gerald Connolly (Va.), the Oversight Committee’s top Democrat, also issued a statement condemning Martin’s letter on Wednesday:

“This is a shameful attempt to silence and stifle congressional oversight. Mr. Martin – an organizer, financier, and legal representative for the January 6th insurrection – is weaponizing the Justice Department to carry out the President’s retribution tour.

“This ‘Operation Whirlwind’ is a smokescreen meant to distract from the true intentions of the Trump Administration: silencing criticism and snuffing out any attempt to exercise oversight of their misdeeds and perversion of the law. I can assure you that Congressman Garcia and our fellow Oversight Democrats will not be deterred by these threats, and we will continue to fight to safeguard our democracy and protect the rights of the American people we serve.”

Martin on Wednesday announced “Operation Whirlwind,” a new initiative to prosecute threats against public officials at all levels of government, which some critics and legal experts believe is primarily intended as a means of silencing criticism.

In addition to Garcia, Martin has sent letters to the Senate’s Democratic Leader Chuck Schumer (N.Y.) on Jan. 21, Feb. 3, and Feb. 11, indicating plans to review remarks he made in 2020 to see if they constituted unlawful threats against two of Trump’s U.S. Supreme Court nominees, Brett Kavanaugh and Neil Gorsuch.

“I want to tell you, Gorsuch,” Schumer said, “I want to tell you, 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.” 

The top Senate Democrat was speaking during a rally about the conservative jurists’ potential revocation of decades-old constitutional protections for abortion, which they ultimately did in 2022 with their 5-4 decision in Dobbs v. Jackson Women’s Health Organization.

As detailed by aide to the senator in his response to Martin, “on March 5, 2020, the day after the comments referenced in your letter, Senator Schumer made the following remarks” from the Senate floor:

“Now, I should not have used the words I used yesterday. They didn’t come out the way I intended to. My point was that there would be political consequences–political consequences–for President Trump and Senate Republicans if the Supreme Court, with the newly confirmed Justices, stripped away a woman’s right to choose.

“Of course, I didn’t intend to suggest anything other than political and public opinion consequences for the Supreme Court, and it is a gross distortion to imply otherwise. I am from Brooklyn. We speak in strong language.

“I shouldn’t have used the words I did, but in no way was I making a threat. I never—never— would do such a thing. Leader McConnell knows that, and Republicans who are busy manufacturing outrage over these comments know that too.”

The aide concluded, “As Senator Schumer’s statement on the Senate floor confirmed, the comments were not a threat to physically harm any person. I hope that this clarifying information is helpful.”

Shortly after Trump’s appointment of Martin, the conservative lawyer and activist dismissed pending cases against rioters who sacked the Capitol building on Jan. 6 2021, fired the prosecutors who were involved, and began investigations into those who brought obstruction charges that were ultimately invalidated by a U.S. Supreme Court decision in June.

Barbara McQuade, a former federal prosecutor who teaches law at the University of Michigan and serves as a legal analyst for NBC News and MSNBC, told the Washington Post she had “never seen anything like these letters from a U.S. attorney,” who would typically assign agents to lead such a probe while abiding the Justice Department’s policy of not confirming or denying the existence of any investigation.

“It seems like a fair inference that these letters are designed more to chill free speech than to seek clarification, as they purport to do,” McQuade added.

Garcia agreed, telling Miller on Thursday that the effort “could have a chilling effect on other folks that actually want to come out and criticize and oppose” Trump, Musk, the administration, or their allies.

Looking ahead, Martin has “given me, by the way, till Tuesday to respond to this letter,” Garcia noted. When asked about what he planned to do, the congressman said “we’re having some conversations about that” but “what we’re not going to do is is stay silent.”

“The lesson here is not to retreat,” he said. “The lesson here is to push harder and continue to let people know they are literally trying to limit free speech.”

Discussing his remarks about Musk during an appearance on CNN Thursday, Garcia said “what’s really critical at this moment, I think, for all of us to understand, is that we should be allowed to speak freely, and we certainly should be allowed to use figures of speech, and anyone that watches that can see that as a figure of speech or a metaphor in the way we’re describing this fight.”

The congressman added, “And it is a fight. This is a fight for democracy.”

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. pic.twitter.com/y3ykpOxzyE

— Congressman Robert Garcia (@RepRobertGarcia) February 20, 2025