Federal Election Commission (FEC) Chairman Sean Cooksey has publicly criticized the Department of Justice (DOJ), alleging that it violated federal policies by targeting Elon Musk’s pro-Trump political action committee (PAC) just weeks before the 2024 presidential election.
Cooksey accused the DOJ of attempting to “intimidate and chill private citizens and organizations from campaigning on behalf of President Trump” and urged DOJ Inspector General Michael Horowitz to launch an investigation into the matter.
In a letter sent Wednesday to Horowitz and the DOJ’s Office of Professional Responsibility, Cooksey expressed concerns over the DOJ’s actions, specifically a letter the department had issued to Musk’s political committee, America PAC.
The DOJ letter, first reported by The New York Times, warned that a $1 million giveaway Musk’s PAC offered to individuals signing a petition supporting constitutional freedom could potentially violate federal election laws.
Cooksey’s letter to Horowitz marks the FEC’s official response, and he argued that the DOJ’s actions were intended to sway the election outcome by targeting perceived political opponents.
Cooksey called on the DOJ to “hold accountable any individuals responsible for any violations of federal law or department policies.”
The FEC chairman also likened the DOJ’s warning letter to past politically charged actions, comparing it specifically to the Watergate scandal of 1972. “The underlying motivation behind this stunt is obvious,” Cooksey said. “Employees of President Biden’s Department of Justice wanted to stop an independent political committee from campaigning for President Trump in crucial swing states just prior to election day.”
The DOJ’s letter to Musk’s America PAC raised questions about whether the $1 million incentive could be seen as improperly influencing voter actions, despite Musk’s defense that participants were not required to register as Republicans or vote in the November 5 election.
Nevertheless, the DOJ’s letter quickly gained media attention, with some Democratic figures criticizing Musk’s actions as undermining democratic processes.
Cooksey also alleged that the DOJ’s Public Integrity Section had violated the department’s own policies by leaking the letter to The New York Times.
According to Cooksey, this move contravened established DOJ media guidelines, which discourage public disclosures regarding uncharged individuals or prejudicial information in ongoing matters. “Writing such a letter and then leaking it also violates the department’s long-standing policy against the identification of uncharged parties and the disclosure of prejudicial information,” Cooksey stated.
Cooksey’s comments reflect an ongoing tension between Musk and certain political and governmental figures. Musk, a longtime supporter of Democratic candidates, notably endorsed Trump after an assassination attempt on the president-elect in July.
Following the endorsement, Trump named Musk and entrepreneur Vivek Ramaswamy to co-lead the newly created Department of Government Efficiency, part of Trump’s incoming administration.
President-elect Trump praised Musk and Ramaswamy, stating, “Together, these two wonderful Americans will pave the way for my Administration to dismantle Government Bureaucracy, slash excess regulations, cut wasteful expenditures, and restructure Federal Agencies – Essential to the ‘Save America’ Movement.”
The FEC’s criticism of the DOJ is expected to draw attention to questions about the department’s role in political processes and its handling of election-related activities.
With investigations potentially on the horizon, the episode underscores ongoing scrutiny over governmental transparency and accountability as the Trump administration prepares for its next term.
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