Alex Padilla U.S. Senator for California

Senators to Attorney General: “These shockingly reckless breaches of security protocols for safeguarding sensitive and classified information clearly warrant an investigation into whether any of the government officials involved violated federal laws”

WASHINGTON, D.C. — U.S. Senator Alex Padilla (D-Calif.), a member of the Senate Judiciary Committee, joined 30 Senate Democrats in urging U.S. Attorney General Pam Bondi to appoint a Special Counsel to investigate whether government officials violated federal criminal laws in connection with a reported security breach involving the commercial messaging app Signal. On March 24, The Atlantic’s editor-in-chief reported that President Trump’s National Security Advisor Michael Waltz had inadvertently included him in a group Signal chat with several high-ranking national security officials. The group reportedly shared and discussed highly sensitive, classified, or controlled information via the unsecure Signal group chat.

“In addition to the reckless inclusion of a journalist in the chat, we are deeply concerned about this serious breach in the proper handling of such information and deliberations,” wrote the Senators. “Appointment of a Special Counsel is appropriate where the Department may have a conflict of interest or extraordinary circumstances are present, a criminal investigation is warranted, and it is in the public interest to appoint an outside Special Counsel to investigate the matter. Such circumstances are clearly present here.”

The Signal group chat, started by Mr. Waltz, included Vice President JD Vance, Secretary of Defense Pete Hegseth, Secretary of State Marco Rubio, Director of National Intelligence Tulsi Gabbard, Central Intelligence Agency Director John Ratcliffe, and at least 18 other government officials. The group reportedly discussed not only the foreign policy implications of military strikes against Houthi targets in Yemen, but also real-time operational details, including the timing of planned attacks, types of military aircraft and munitions to be used, and strike outcomes. An unprecedented security breach of this magnitude, involving some of the highest-ranking officials in the federal government, constitutes the type of extraordinary circumstance the Special Counsel regulations were designed to address.

“These officials conducted a highly sensitive discussion, including of clearly classified or controlled information, over the commercial messaging app Signal, including in some instances on personal devices and while traveling in foreign countries, rather than using the secure U.S. government channels and facilities that are designed and required for the sharing of such information. Despite subsequent claims to the contrary by you, President Trump, and several of the officials involved, including in testimony before Congress, some of the information they shared and discussed over Signal would almost certainly be considered classified or, at a minimum, controlled, prior to and in the immediate aftermath of an impending strike,” continued the Senators.

The Senators warned that the use of Signal for such communications may violate federal law. For example, grossly negligent handling national of national defense information can violate the Espionage Act. Additionally, the Federal Records Act requires preservation of certain government communications, and the destruction of such records may constitute a separate criminal offense. Statements made by the officials involved — in testimony before the House and Senate Intelligence Committees — raise further concerns about possible violations of laws prohibiting false statements, perjury, inducement to perjury, and conspiracy to commit these offenses.

“During your confirmation hearing before the Senate Judiciary Committee, you assured the American people that everyone will be held to ‘an equal, fair system of justice’ if you were confirmed as Attorney General, and that ‘no one is above the law.’ As the individuals most seriously implicated in this incident include senior officials at the highest levels, including several of your fellow cabinet members, appointment of a Special Counsel is necessary to ensure that the investigation and any ensuing prosecutions are fair, impartial, and independent and that no official, regardless of seniority or political affiliation, is above the law. The people of this country deserve the assurance that this matter will be taken seriously and addressed swiftly. To do so, we urge you to appoint a Special Counsel immediately,” concluded the Senators.

The letter was led by U.S. Senate Democratic Whip Dick Durbin (D-Ill.), Ranking Member of the Senate Judiciary Committee, along with Senate Democratic Leader Chuck Schumer (D-N.Y.). In addition to Senator Padilla, Senators Tammy Baldwin (D-Wis.), Richard Blumenthal (D-Conn.), Lisa Blunt Rochester (D-Del.), Cory Booker (D-N.J.), Chris Coons (D-Del.), Tammy Duckworth (D-Ill.), John Fetterman (D-Pa.), Ruben Gallego (D-Ariz.), Kirsten Gillibrand (D-N.Y.), Mazie Hirono (D-Hawaii), Tim Kaine (D-Va.), Andy Kim (D-N.J.), Amy Klobuchar (D-Minn.), Ben Ray Luján (D-N.M.), Ed Markey (D-Mass.), Jeff Merkley (D-Ore.), Patty Murray (D-Wash.), Gary Peters (D-Mich.), Jack Reed (D-R.I.), Jacky Rosen (D-Nev.), Adam Schiff (D-Calif.), Elissa Slotkin (D-Mich.), Tina Smith (D-Minn.), Chris Van Hollen (D-Md.), Raphael Warnock (D-Ga.), Elizabeth Warren (D-Mass.), Peter Welch (D-Vt.), and Sheldon Whitehouse (D-R.I.) also signed the letter.

Senator Padilla has been outspoken about the Trump Administration’s dangerous mishandling of sensitive and classified information. Last week, he called on Secretary of Defense Pete Hegseth to resign, citing his staggering incompetence and lack of judgment, carelessly exposing troops to greater danger.

Full text of the letter is available here and below:

Dear Attorney General Bondi:

On March 24, The Atlantic’s editor in chief reported that President Trump’s National Security Advisor Michael Waltz had included him in a group message chain with several high-ranking national security officials where highly sensitive, classified, or controlled information was shared and discussed over Signal—an unsecure commercial messaging app. In addition to the reckless inclusion of a journalist in the chat, we are deeply concerned about this serious breach in the proper handling of such information and deliberations. Given the extraordinary circumstances of this shocking incident and the significant public interests at stake, it is imperative that you immediately appoint a Special Counsel to thoroughly and impartially investigate whether any of the government officials involved violated federal criminal law.

Appointment of a Special Counsel is appropriate where the Department may have a conflict of interest or extraordinary circumstances are present, a criminal investigation is warranted, and it is in the public interest to appoint an outside Special Counsel to investigate the matter. Such circumstances are clearly present here.

The Signal chat group started by Mr. Waltz included Vice President JD Vance, Secretary of Defense Pete Hegseth, Secretary of State Marco Rubio, Director of National Intelligence Tulsi Gabbard, and Central Intelligence Agency Director John Ratcliffe, among at least 18 other high-ranking government officials. In addition to discussing the sensitive foreign policy implications of military strikes against Houthi targets in Yemen, these officials proceeded to discuss key operational information regarding the precise timing of the planned attacks, the types of military aircraft and munitions to be used, and the targets and results of the strikes as they occurred. An unprecedented security breach of this magnitude involving top senior government officials presents the kind of extraordinary circumstances clearly contemplated by the Special Counsel regulations.

These officials conducted a highly sensitive discussion, including of clearly classified or controlled information, over the commercial messaging app Signal, including in some instances on personal devices and while traveling in foreign countries, rather than using the secure U.S. government channels and facilities that are designed and required for the sharing of such information. Despite subsequent claims to the contrary by you, President Trump, and several of the officials involved, including in testimony before Congress, some of the information they shared and discussed over Signal would almost certainly be considered classified or, at a minimum, controlled, prior to and in the immediate aftermath of an impending strike.

These shockingly reckless breaches of security protocols for safeguarding sensitive and classified information clearly warrant an investigation into whether any of the government officials involved violated federal laws pertaining to the proper safeguarding and preservation of such information. For example, gross negligence in handling national defense information may violate the Espionage Act. Importantly, other laws, including the Federal Records Act, require the preservation of certain government records. Signal allows users to schedule messages for deletion after certain time periods and Mr. Waltz appears to have set the chat messages to delete initially after one week and then later in the chat changed the setting to delete messages after four weeks. Destruction of government records or property may constitute a violation of various criminal statutes. Subsequent statements to Congress and testimony before the House and Senate Intelligence Committees by several of the officials involved raise additional concerns about potential violations of federal criminal laws that prohibit making false statements to Congress, committing perjury in testimony to Congress, inducing another person to commit perjury, or conspiring to commit any of the foregoing actions.

Even prior to his first Administration, President Trump campaigned for the need to prosecute and “lock up” individuals who allegedly “bypass government security” or “sent and received classified information on an insecure server.” Further, as an avowedly loyal and zealous advocate for the President, you echoed these same sentiments prior to your confirmation. Given the extraordinary nature of this security breach by senior Trump Administration officials, the likelihood that these actions needlessly endangered American lives and our nation’s security, the importance of putting our nation’s security before partisan political interests, and the range of federal criminal laws that may have been violated, it is imperative that the Department of Justice conduct a thorough investigation to assess the extent of the damage and determine whether any criminal charges are warranted against any of the government officials involved.

During your confirmation hearing before the Senate Judiciary Committee, you assured the American people that everyone will be held to “an equal, fair system of justice” if you were confirmed as Attorney General, and that “no one is above the law.” As the individuals most seriously implicated in this incident include senior officials at the highest levels, including several of your fellow cabinet members, appointment of a Special Counsel is necessary to ensure that the investigation and any ensuing prosecutions are fair, impartial, and independent and that no official, regardless of seniority or political affiliation, is above the law. The people of this country deserve the assurance that this matter will be taken seriously and addressed swiftly. To do so, we urge you to appoint a Special Counsel immediately.

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