The MAGA movement, which claims to stand for the principle of “freedom of speech,” is ironically unhappy about criticism directed at its newly appointed bureaucrat, Elon Musk. In response, a federal attorney in Washington D.C., appointed by Trump, has launched a new initiative to prosecute individuals who “threaten” Musk and other public employees.

This week, interim US Attorney Ed Martin announced the launch of “Operation Whirlwind,” a new initiative aimed at prosecuting threats against public officials, as reported by the Washington Post. The name of the initiative appears to reference a comment made by Chuck Schumer in 2020, when he stated that federal justices had “released the whirlwind” and would “pay the price” amidst the Supreme Court’s deliberation on women’s constitutional right to abortion. Schumer later apologized for his harsh rhetoric, which, in comparison to some of Trump’s statements, was relatively mild.

Martin’s “Whirlwind” initiative was reportedly inspired by threats against those working with the Department of Government Efficiency, a government demolition effort led by Trump’s ally, Elon Musk. In a note circulated throughout his office, Martin wrote, “We are the DC US Attorney’s office; we are the guardians of federal workers. We must protect our cops, our prosecutors, our DOGE workers, the President, and all other government employees from threats against our nation.” This statement is somewhat ironic, given that Trump and DOGE are currently reducing the federal workforce and undermining the notion of public sector work.

Martin is investigating top elected officials over their hostile rhetoric against conservative figures, including Musk, DOGE, and the Supreme Court. He recently sent letters to elected Democrats, such as Rep. Robert Garcia (D-California) and Senate Minority Leader Charles E. Schumer (D-New York), regarding their criticism of these entities.

A portion of one letter, sent to Rep. Garcia, reads: “At this time, I respectfully request that you clarify your comments from February 12, 2025. During a live interview with CNN, you stated that ‘What the American public wants is for us to bring actual weapons to this bar fight. This is an actual fight for democracy.'” This statement, according to Martin, sounds like a threat to Musk and government staff, prompting the inquiry. However, Garcia’s comments were likely meant as metaphors, using “bar fight” and “weapons” to convey a sense of urgency and intensity, rather than literal threats.

Garcia responded by stating that no reasonable person would view his comments as a threat and that elected members of Congress must have the right to oppose the Trump Administration forcefully. He also posted the full letter on social media, saying, “So if you criticize Elon Musk, Trump’s DOJ will send you this letter. Members of Congress must have the right to forcefully oppose the Trump Administration. I will not be silenced.”

Former federal prosecutor and University of Michigan law professor Barbara McQuade noted that it is “a fair inference that these letters are designed more to chill free speech than to seek clarification, as they purport to do.” The surge in threats against public workers and lawmakers is a real issue, but it is somewhat hypocritical for the MAGA movement to reframe itself as the standard-bearer on this issue, given the current President’s history of referring to his political enemies as “vermin” and “scum” and repeatedly threatening to jail or “destroy” them.

Threats against members of Congress are reportedly at an all-time high, with the homes of six Democratic lawmakers targeted with bomb threats on Thanksgiving and others subjected to swatting attacks, mailed threats, and intimidation efforts. In contrast, Garcia’s recent remarks were metaphorical, not literal, and should not be conflated with actual threats.