A former FBI special agent pushed to open a criminal investigation into Elon Musk, comparing the billionaire’s use of his own social media platform to promote government efficiency efforts to Hillary Clinton’s notorious private email server scandal.
The stunning revelation comes from newly released FBI records obtained by Senate Judiciary Chairman Chuck Grassley ahead of testimony Tuesday by FBI Director Kash Patel. The documents show then-FBI Special Agent Kevin Gounaud made the explosive comparison in a Feb. 22, 2025, email after Musk asked federal employees to list five things they accomplished during the week as part of his Department of Government Efficiency cost-cutting initiative.
“Musk used a non government system (twitter) to relate information that allegedly was for official purposes,” Gounaud wrote to FBI supervisory special agent Steven T. Dunn. “His use of twitter in this and other instances is conceptually similar to Hillary Clinton’s misuse of a private email server for government business.”
The irony wasn’t lost on conservatives who watched Clinton escape prosecution for handling classified information on a private server while secretary of state.
Gounaud, who still referred to Musk’s platform as Twitter in his email, went further in his accusations. He alleged Musk “likely generated income for himself” through the government communications because he owns the platform and benefits from its monetization model and advertising revenues.
“I would like to recommend the opening of a criminal 58 matter on the person(s) at OPM who approved the transmission of the earlier email,” Gounaud wrote, referring to an official with the Office of Personnel Management. “That person, in conspiracy with Elon Musk (who is reportedly an SGE), in addition to wasting a colossal amount of official time, encouraged, abetted, aided, etc. thousands if not tens of thousands, of government employees to violate government-wide security policy.”
The agent wasn’t bluffing about his intentions. “Happy to write the case opening and find a prosecutor (or at least try). Alternatively, I am happy to report this to the OPM OIG or Congress. And no, I’m not kidding,” Gounaud added.
According to his LinkedIn profile, Gounaud left the FBI in February after 21 years and started a private security firm. It appears nothing came of his proposed investigation into Musk.
The newly released records also shed light on another troubling pattern within the bureau. Former FBI Special Agent Walter Giardina, who was involved in investigations of President Donald Trump, asked at least seven times to join the team investigating the discredited Russia collusion allegations.
On the very day of Trump’s first inauguration, Jan. 20, 2017, Giardina emailed FBI agent Joe Pientka saying, “I wanted to mention again my interest in joining the case.” Days earlier, on Jan. 12, 2017, Giardina messaged FBI supervisor Timothy Thibault: “I’d be very glad to work with your squads regarding these matters. Please let me know when I could stop by to meet and how I can assist.”
“In the records, Giardina asked at least seven times via email in about four weeks to place himself on the Crossfire Hurricane team and start a new case on Trump,” Grassley said in prepared remarks for the FBI oversight hearing.
Giardina was part of special counsel Robert Mueller’s investigation, which ultimately found no evidence of the Trump campaign conspiring with Russians in the 2016 election. He later joined special counsel Jack Smith’s investigation of Trump for disputing the 2020 election outcome.
FBI Director Kash Patel fired Giardina in 2025. Giardina is among multiple FBI agents now suing the bureau, claiming their terminations were politically motivated.
