A Feb. 22, 2025 email from FBI Special Agent Kevin Gounaud proposed opening a criminal investigation into Elon Musk regarding his Department of Government Efficiency (DOGE) initiative and his use of the social media platform X (formerly Twitter) to publicize it. The email, released by Sen. Chuck Grassley (R-Iowa) on Sept. 15, 2025, argued that Musk’s actions may have violated federal laws on information security, misuse of government resources, and personal enrichment.
Gounaud’s email suggested investigating both Musk and an unnamed Office of Personnel Management (OPM) official who approved an email to federal employees asking them to list their weekly accomplishments. The agent claimed the initiative wasted official time, violated government-wide security policies, and potentially enriched Musk through X’s monetization model. He compared the case to Hillary Clinton’s use of a private email server, though noted she was not criminally charged due to lack of intent.
The FBI declined to comment on the email, and Musk’s representatives did not respond to requests for comment. During a Senate Judiciary Committee hearing, FBI Director Kash Patel confirmed that the bureau had terminated agents involved in certain probes, though he did not address Gounaud’s email specifically.
Gounaud’s Proposal
In the email, Gounaud urged his supervisor to "write the case opening and find a prosecutor" to investigate Musk under federal statutes prohibiting personal enrichment and misuse of government systems. He argued that Musk, as a Special Government Employee (SGE), had no legitimate need to share DOGE-related updates on X, a platform he owns, and that his posts—including one stating “failure to respond will be taken as a resignation”—could constitute blackmail or coercion.
Gounaud also alleged that the OPM email, which asked federal workers to document their weekly tasks, amounted to a waste of official resources and a violation of security protocols by encouraging employees to share sensitive information outside a strict need-to-know basis.
Senate and FBI Responses
Sen. Grassley released the email as part of an ongoing review of FBI practices, stating it undermined claims by former FBI officials that agents lack discretion in case selection. The Senate Judiciary Committee is examining whether FBI agents improperly targeted cases based on political or personal motives.
FBI Director Patel, testifying before the committee, acknowledged that the bureau had fired agents involved in certain investigations but did not confirm whether Gounaud’s proposal was among them. He declined to comment on the specifics of the email, citing ongoing internal reviews.
Legal and Policy Context
The email raises questions about the boundaries of government employees’ use of social media and the application of federal ethics laws to SGEs. Gounaud’s legal theory hinges on two key arguments:
- Misuse of government resources: The DOGE initiative allegedly diverted federal employees’ time from official duties.
- Personal enrichment via X: Musk’s posts about DOGE on X, a platform he owns, could have generated advertising revenue for him, violating laws prohibiting SGEs from using their position for financial gain.
Critics of Gounaud’s proposal argue that DOGE was a voluntary initiative aimed at improving government efficiency and that Musk’s social media posts were public statements, not official communications. Supporters, however, contend that the scale of employee participation and Musk’s influence over the messaging raised legitimate concerns about compliance with federal policies.
Ongoing Developments
The release of Gounaud’s email has prompted calls for further scrutiny of FBI investigative practices and the oversight of SGEs. The Senate Judiciary Committee is expected to continue its review, while the FBI has not indicated whether it will reopen the matter or take disciplinary action against Gounaud. Both the FBI and Musk’s representatives declined to provide additional details when contacted.