FBI Agent Said 'I'm Not Kidding' About Opening Criminal Matter Over Musk's 'Five Things' Email

A declassified internal email made public by Senate Judiciary Committee Chair Chuck Grassley reveals that a former Federal Bureau of Investigation special agent recommended launching a formal criminal investigation into officials behind the government's controversial 'Five Things' directive.

Released during a high-stakes Congressional oversight hearing on Tuesday, 15 September 2026, the February 22, 2025 communication shows agent Kevin Gounaud arguing that federal personnel acted in alleged conspiracy with technology entrepreneur Elon Musk.

The directive, issued via the United States Office of Personnel Management, required civil servants to document five weekly professional accomplishments, backed by Musk's public statement on X asserting that non-compliance constituted resignation.

While the declassified document outlines aggressive legal theories concerning federal conflict-of-interest and blackmail statutes, it does not establish that federal prosecutors formally adopted the agent's recommendations or opened a criminal case against Musk.

The disclosure adds a dramatic new chapter to ongoing congressional inquiries into political conduct and interagency friction within federal law enforcement institutions.

In the email, Gounaud said he was prepared to draft the case opening and added, 'And no, I'm not kidding.'

Musk also wrote on X that 'failure to respond will be taken as a resignation', a statement Gounaud cited while arguing the effort could raise criminal and ethics questions.

Musk's 'Five Things' Email Prompted a Criminal Theory

Gounaud wrote to FBI colleague Steven Thomas Dunn that he wanted to recommend 'the opening of a criminal matter' concerning the person or people at OPM who approved the earlier message.

He alleged that the official, acting 'in conspiracy with Elon Musk', had encouraged thousands of government employees to transmit sensitive government information beyond a strict need to know.

The agent also focused on Musk's use of X. He wrote that Musk used a non-government system to relay information allegedly for official purposes, then argued that Musk's ownership of the platform could mean he benefited financially from activity linked to his government role.

Gounaud also cited 18 USC 208, a federal conflict-of-interest provision covering certain government employees, including special government employees.

He argued that Musk's ownership interest in X and use of the platform in connection with government-related activity could raise concerns under the statute.

The released email reflects Gounaud's legal assessment and does not establish that prosecutors agreed with it.

Referring to Musk's statement that failure to respond would be treated as resignation, Gounaud wrote that the message 'potentially violates 18 USC 873'. Section 873 is the federal blackmail statute.

The released material does not show that prosecutors adopted Gounaud's interpretation or concluded that Musk's statement violated the law.

Grassley Highlights the 'Five Things' Email at FBI Hearing

Gounaud closed by saying he was 'Happy to write the case opening and find a prosecutor (or at least try).' He also offered to report the matter to the OPM inspector general or Congress before stressing that he was serious.

Grassley declassified the exchange as part of a broader hearing examining conduct inside the FBI. In his opening statement, the Iowa Republican said he had spent years releasing records that, in his view, showed law enforcement and intelligence officials targeting Donald Trump and other Republicans.

'For almost a decade now, I've made records public showing how a number of now discredited law enforcement and intelligence officials schemed to take out Trump and other Republicans,' Grassley said. He added that records were still emerging in 2026 that he believed showed further political targeting.

His remarks framed the Gounaud email as part of that wider argument. A Congressional aide said Grassley's office also viewed the focus on Musk's special government employee status as a double standard, pointing to the Justice Department's handling of Huma Abedin, who held that status while also working for the Clinton Foundation.

Declassified Records Extend Beyond Musk's 'Five Things' Email

Grassley's committee and the Trump administration released the email, along with other records, related to previous FBI investigations.

Those documents include material related to 'Crossfire Hurricane', the bureau's investigation into alleged links between Trump's 2016 campaign and Russia, as well as a separate operation referred to as 'Round River'.

The 2004 Intelligence Reform and Terrorism Prevention Act requires national intelligence and finished intelligence products to be objective and independent of political considerations.

The records released by Grassley do not show that prosecutors accepted Gounaud's legal arguments or that they opened a criminal investigation into Musk.