Ed Martin, the interim U.S. attorney for the D.C. District, is pursuing evidence against Senator Charles Schumer for his 2020 comments about Supreme Court justices, which some believe might have been threats. Despite Martin’s partisan ties to Trump, Justice Department officials have rejected his request to present evidence to a grand jury. Schumer had apologized for his remarks and clarified they were not meant as a threat. Martin’s aggressive approach, termed “Operation Whirlwind,” also includes investigating other Democratic figures. His recent management decisions have demoted top prosecutors, raising concerns about political motivations within the office.
Ed Martin, serving as the interim U.S. attorney for the District of Columbia, has been discreetly advocating to submit evidence to a federal grand jury against Senator Charles Schumer of New York, the Democratic leader. This action relates to comments he made about Supreme Court justices in 2020, as per individuals familiar with the matter.
Thus far, officials within the Justice Department have dismissed Mr. Martin’s unconventional request, as he is a political ally of President Trump with no prior prosecutorial experience, according to one of the sources.
Mr. Martin has expressed interest in exploring whether Mr. Schumer’s comments from five years ago could be considered threats against Justices Brett Kavanaugh and Neil M. Gorsuch. Pursuing such a case would be quite rare, and securing a conviction may prove challenging, according to both current and past prosecutors.
Recently, Mr. Martin conveyed his intention to adopt an assertive stance, addressing Mr. Schumer in a letter demanding “information and clarification” regarding comments made at a rally on March 4, 2020.
At the rally, Mr. Schumer remarked, “You have released the whirlwind and you will pay the price!” specifically targeting Justices Kavanaugh and Gorsuch. Following the incident, his staff retracted the statement, and the senator issued an apology the next day, stating on the Senate floor, “I should not have used the words I used.”
He clarified that he was referring to “political consequences” and not violent retribution, attributing his choice of words to his Brooklyn upbringing.
If Mr. Martin proceeds to present evidence to a grand jury regarding Mr. Schumer, it would mark a significant escalation in his efforts. The move would empower prosecutors to issue subpoenas for records and witnesses, granting them extensive authority to uncover incriminating details, even if Mr. Schumer were never charged with inciting violence against a public figure.
The five-year statute of limitations for prosecuting Mr. Schumer under the most probable charges stemming from any inquiry expires on Tuesday.
Requests for comments from representatives of Mr. Martin, Mr. Schumer, and the Justice Department went unanswered.
Mr. Trump has nominated Mr. Martin, who endorsed Trump’s false claims regarding the 2020 election, to be the permanent U.S. attorney in Washington. However, his overtly partisan presence on social media and his focus on adversaries could present hurdles for his confirmation.
Senator Thom Tillis from North Carolina, a Republican member of the Senate Judiciary Committee who previously supported Kash Patel’s nomination as the F.B.I. director, remarked that Mr. Martin’s confirmation would be “a real challenge.”
Concerns regarding the security of Supreme Court justices have escalated, especially as the Court’s decisions have intensified partisan and ideological divisions. In 2022, shortly after Mr. Schumer’s comments regarding the justices’ role in reversing abortion rights, a man was apprehended near Mr. Kavanaugh’s home while armed with a knife and gun, stating his intent to kill the justice.
While some Republicans accused Mr. Schumer of inciting the foiled attack, the assailant claimed his motivations were driven by the leaked opinion concerning the Court’s decision on abortion rights.
In an effort to counter allegations from Democrats that Mr. Trump and his supporters have encouraged political violence, Mr. Martin has opted to disregard Mr. Schumer’s benign interpretation of his remarks.
A spokesperson for Mr. Schumer stated that his office received a letter from Mr. Martin last month regarding the remarks. Within a few days, Mr. Schumer’s chief of staff replied with a letter asserting that the senator’s comments were “not a threat to physically harm any person.”
Last month, Mr. Martin informed his staff via email about the initiation of “Operation Whirlwind” to investigate threats made against public officials, which included assessments of statements made by Mr. Schumer and California Representative Robert Garcia.
Mr. Martin, who endorsed the clemency granted by Mr. Trump to those convicted for the January 6 Capitol riots, also sent a letter to Mr. Garcia last month questioning why he suggested that Democrats should “bring actual weapons to this bar fight” against Mr. Musk’s attempts to reduce the federal workforce. It remains uncertain if any additional inquiries have been initiated.
Mr. Garcia, similar to Mr. Schumer, has clarified that his remarks were metaphorical and not an incitement to violence.
In just over a month, Mr. Martin has transformed one of the most significant U.S. attorney offices in the nation, which is tasked with investigating political violence and corruption while also managing prosecutions of street crimes in a city recently beset by gun violence and carjackings.
Recently, several senior prosecutors in the office were relegated to low-level roles handling minor offenses, marking a further step in a campaign of retaliation against Justice Department officials seen as adversaries by the Trump administration.
Among those demoted is a prosecutor who had overseen all cases related to the events of January 6, alongside at least two prosecutors who were involved in the trials of members of the Proud Boys and Oath Keepers militia, as reported by anonymous sources familiar with the situation.
A week prior, the respected head of the office’s criminal division, Denise Cheung, resigned after she declined requests from Mr. Martin and other Justice Department officials to freeze a government contractor’s assets due to insufficient evidence.
On Monday, Mr. Martin announced her successor in an email to his staff, alongside a memo outlining his objectives to enhance prosecutions of gun crimes.
Alan Feuer and Adam Goldman contributed reporting.