Sen. Elizabeth Warren has promised aggressive investigations once Democrats take power, but a federal prosecutor in Texas just fired a warning shot of his own.
U.S. Attorney Aaron Reitz of the Southern District of Texas sent the Massachusetts Democrat a formal warning letter. He told her that her plans to investigate private citizens and businesses tied to the President could run afoul of federal civil rights laws that protect Americans from government retaliation.
"@SenWarren is on the warpath to wield her committee gavel like a tomahawk, seeking the scalps of those who associate 'too closely' with President Trump. Congressional investigations can't be used to punish Americans for exercising their 1A rights. My first arrow shot," Reitz wrote in a post on X announcing the letter.
The letter cites Warren's recent appearance on CBS's "Face the Nation," an opinion piece she wrote for Time magazine and congressional correspondence seeking information about private individuals who raised money for the President. Warren is in line to chair the powerful Senate Banking Committee when Democrats take control of Congress in January.
Reitz argued that Warren's public statements suggest she intends to use congressional investigations against people because of their political associations. "In sum, you appear eager to wield your future gavel like a tomahawk, hunting for the scalps of President Trump's private associates," he wrote.
The prosecutor also stressed that Americans are entitled to associate freely without facing government action designed to punish those relationships. His letter cites 18 U.S.C. Sections 241 and 242, the federal statutes covering conspiracies against constitutional rights and the deprivation of rights under color of law.
The letter doubles as a preservation notice. It directs Warren, her staff, consultants and campaign personnel to retain documents, communications and electronically stored information relevant to the planned investigations.
Reitz set a deadline for Warren to confirm her compliance in writing. He warned that failing to preserve relevant evidence could carry legal consequences.
Warren is not the only senator to receive such a warning. Recently, Reitz sent a similar notice to Sen. Richard Blumenthal of Connecticut, who has been investigating private donors who helped finance the President's planned White House ballroom.
Blumenthal had sought information from individuals and corporations that contributed to the project. He has raised questions about whether their donations might be tied to favorable treatment from the administration.
Reitz accused Blumenthal of using congressional authority to intimidate Americans for exercising their constitutional rights. Blumenthal responded with a preservation demand of his own, directing Reitz to retain records of any communications with the White House and Justice Department about the warning.
"As incoming Chair of the Permanent Subcommittee on Investigations, I will not be intimidated," Blumenthal declared. Sen. Elissa Slotkin of Michigan has also received a preservation warning after discussing investigations into the President's associates following the Democrats' midterm victory.
According to RedState, Reitz has also raised alarms about a separate effort by former Obama and Biden administration officials. Those officials have encouraged foreign governments to gather evidence against members of the administration, including Secretary of War Pete Hegseth, for possible future prosecutions.
Reitz called that effort "seditious meddling" that "may be illegal." He added, "DOJ will smoke it out. More to come."
The growing standoff sets the stage for a bitter clash once the new Congress is seated. Democrats have vowed sweeping oversight, while Reitz has made clear he intends to scrutinize whether those probes cross the line into political retaliation.
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