WASHINGTON, D.C. — U.S. Senator Alex Padilla (D-Calif.), Ranking Member of the Senate Judiciary Immigration Subcommittee, and Senate Democratic Whip Dick Durbin (D-Ill.) demanded Department of Justice (DOJ) Inspector General Don Berthiaume open an investigation into the concerning activities detailed in a recent whistleblower disclosure alleging that the Federal Bureau of Investigation (FBI), under White House and DOJ leadership’s direction, opened unconstitutional investigations into Los Angeles protestors solely for exercising their First Amendment rights. The letter was co-signed by Senators Richard Blumenthal (D-Conn.), Cory Booker (D-N.J.), Mazie Hirono (D-Hawaii), Adam Schiff (D-Calif.), and Sheldon Whitehouse (D-R.I.).
In their letter, the Senators highlighted the whistleblower’s allegations that, in one incident, the White House instructed FBI Director Kash Patel to have the FBI’s Los Angeles Field Office open an investigation into the protesters solely based on First Amendment activity, violating agency policy and protestors’ constitutional rights.
“These investigations were opened following increased protests against aggressive immigration enforcement actions by U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) in the Los Angeles area,” wrote the Senators. “The Disclosure states that no actual or potential national security threat or federal criminal activity existed on which to predicate investigating the protesters. The Disclosure also alleges that the investigations pulled FBI employees and resources away from active cases involving drug trafficking, violent crime, and transnational criminal organizations. Although the whistleblower and others at the Los Angeles Field Office raised concerns that these investigations unlawfully targeted individuals for exercising their First Amendment rights, the investigations allegedly proceeded nevertheless.”
In addition to the investigation, the Senators urged Berthiaume to take immediate action to address potential misconduct within the FBI to prevent any additional wrongdoing.
“We request that you open an independent investigation into the troubling allegations detailed in the Disclosure, which describes DOJ and FBI leadership directing personnel to initiate investigations based solely on First Amendment activity under political pressure,” wrote the Senators. “We further request that you investigate whether and to what extent the FBI’s Domestic Investigations and Operations Guide—and any provisions concerning First Amendment activity therein — have been amended during Director Patel’s tenure.”
“Given the serious questions the Disclosure raises about the misuse of federal law enforcement resources and the legality and constitutionality of these directives to FBI personnel, please provide regular updates on the status of your investigation to the leadership of the Senate Committee on the Judiciary,” the Senators concluded. “If the Attorney General refuses to cooperate with an audit or investigation into these allegations, please notify us immediately.”
The whistleblower’s disclosure follows a chilling pattern in which the Administration has pursued Trump’s baseless claims at the expense of Americans’ safety. A separate, recent whistleblower disclosure alleges Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) leadership abruptly diverted USCIS Fraud Detection and National Security Directorate immigration officers from their national security-related duties and directed them instead to use illegal procedures and questionable data to identify purported “unlawful voters,” and create federal law enforcement records against them, including naturalized U.S. citizens. The Administration also redirected Homeland Security Investigations analysts from their typical work on criminal matters and to a so-called “tiger team” for the sole purpose of investigating, surveilling, and detaining students and other individuals based solely on their political opinions.
Padilla has fought to hold the Trump Administration accountable. In January, Padilla and Senator Adam Schiff (D-Calif.) introduced a bill to reaffirm the right to free speech and safeguard Americans from politically motivated harassment and prosecution.
The whistleblower disclosure is available here.
Full text of the letter is available here and below:
Dear Inspector General Berthiaume:
On October 5, 2026, the Senate Committee on the Judiciary received the attached protected whistleblower disclosure (the Disclosure) through the Government Accountability Project. It reveals serious allegations that the Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI) opened unconstitutional investigations of protesters engaged in protected First Amendment activity.
According to the Disclosure, the White House, DOJ leadership, and FBI leadership directed the Los Angeles FBI Field Office to open two different investigations in 2025 based solely on individuals’ participation in First Amendment activity—in violation of agency policy and protesters’ constitutional rights. These investigations were opened following increased protests against aggressive immigration enforcement actions by U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) in the Los Angeles area. The Disclosure states that no actual or potential national security threat or federal criminal activity existed on which to predicate investigating the protesters. The Disclosure also alleges that the investigations pulled FBI employees and resources away from active cases involving drug trafficking, violent crime, and transnational criminal organizations. Although the whistleblower and others at the Los Angeles Field Office raised concerns that these investigations unlawfully targeted individuals for exercising their First Amendment rights, the investigations allegedly proceeded nevertheless.
The Disclosure includes credible whistleblower allegations of wrongdoing and abuse of power by DOJ and FBI leadership in two instances:
(1) Then-DOJ Acting Deputy Attorney General Emil Bove directed the Los Angeles Field Office to open an investigation into any anti-ICE and CBP protestors demonstrating at federal buildings in Los Angeles without identifying any clearly articulated actual or potential national security threat, criminal activity, or vulnerability to such threats and activities; and
(2) After President Trump reportedly viewed a TikTok video of protestors in Alhambra, California that alerted neighbors about ICE’s presence and advised them of their legal rights, the White House instructed FBI Director Kash Patel to direct the Los Angeles Field Office to initiate an investigation into the protestors.
We request that you open an independent investigation into the troubling allegations detailed in the Disclosure, which describes DOJ and FBI leadership directing personnel to initiate investigations based solely on First Amendment activity under political pressure. We further request that you investigate whether and to what extent the FBI’s Domestic Investigations and Operations Guide—and any provisions concerning First Amendment activity therein—have been amended during Director Patel’s tenure. Based on the allegations in the Disclosure and due to the risk that the FBI may continue to violate agency policies and unlawfully target individuals exercising their constitutional rights, we believe a management alert may be appropriate to address this alleged misconduct immediately and prevent any additional wrongdoing or misuse of FBI personnel and resources while your office’s investigation is ongoing.
Given the serious questions the Disclosure raises about the misuse of federal law enforcement resources and the legality and constitutionality of these directives to FBI personnel, please provide regular updates on the status of your investigation to the leadership of the Senate Committee on the Judiciary. If the Attorney General refuses to cooperate with an audit or investigation into these allegations, please notify us immediately.
Thank you for your attention to this important matter.