The DOJ’s continued assault on political participation

The alarming truth is that the details of this letter were not 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 filed a Freedom of Information Act request with the DOJ regarding the disclosure of the letter to America PAC. By issuing this letter, the DOJ is not only undermining the rights of individuals and organizations to participate in the political process, but also sending a clear message that any political involvement is subject to scrutiny.

I have previously expressed serious concerns about the DOJ’s growing influence over political activities. Last September, 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 facilitates information sharing between two government agencies. As I said then, and still believe, this collaboration actually creates a chilling atmosphere for political organizations and individuals, turning what should be a vibrant democratic process into a minefield of potential legal ramifications.

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 speech; it is a direct attack on the essence of democracy. When government agencies exercise their power to intimidate and investigate those who venture into politics, they threaten to silence dissent and suppress 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 in which only the most prudent or well-financed individuals and organizations can afford to participate in politics. This is not the America our founders envisioned—a country where every vote matters, where involvement in the political process is encouraged, not criminalized.

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It is imperative that we resist 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 cherish democracy. We cannot afford to let political intimidation determine the terms of our involvement in the social arena. It is time to protect our right to participate in democracy without fear of retaliation or criminalization.

Trey Trainor is currently a commissioner at the Federal Election Commission. He was nominated for that post by then-President Donald Trump and confirmed by the US Senate in 2020. He has practiced campaign finance and election law for more than twenty years.