Abell, Walsh say bill gives attorney general sweeping new power to investigate Washington residents

“This bill expands the power of one statewide office to investigate citizens and local governments before a lawsuit even exists,” says Abell

Rep. Hunter Abell and Rep. Jim Walsh say legislation approved by the House today expands the investigative authority of the Washington attorney general and raises serious concerns about government overreach and the protection of civil liberties.

ESSB 5925 allows the attorney general’s office to issue civil investigative demands for documents, written responses, and sworn testimony when investigating possible violations of several broad areas of law, including the U.S. Constitution, Washington Constitution, discrimination laws, immigration-related statutes, and wage and labor standards.

Abell, R-Inchelium, said the legislation dramatically expands the attorney general’s ability to compel testimony and records before a civil lawsuit has even been filed.

“This bill expands the power of one statewide office to investigate citizens and local governments before a lawsuit even exists,” said Abell. “Our legal system is built on checks and balances that protect people from government overreach. Giving the attorney general the ability to compel documents and testimony before a court ever reviews the case moves Washington in the wrong direction.”

Abell, an attorney who previously served as a judge for the Ferry County District Court, warned that responding to civil investigative demands can be costly and disruptive for individuals, businesses, nonprofit organizations, and local governments that may be targeted by investigations.

“This kind of authority can create enormous legal and financial burdens, even when no wrongdoing has occurred,” said Abell. “When government can compel testimony and records before filing a case, the investigation itself can become the punishment.”

Walsh, a Republican from Aberdeen, joined Abell in leading opposition to the bill during House floor debate. He said the legislation represents a dangerous expansion of centralized government authority.

“Let’s be honest about what this bill does,” said Walsh. “It gives the attorney general a powerful new tool to investigate almost anyone in Washington based on little more than suspicion. That kind of authority can easily be used to pressure political opponents, advocacy groups, businesses, or local officials who happen to disagree with Olympia.”

Walsh said lawmakers should be cautious about granting sweeping investigative powers that could be used by future administrations.

“This bill hands one office in Olympia the ability to demand documents, testimony, and records from almost anyone in the state before even filing a lawsuit,” said Walsh. “That is a massive expansion of government power, and history shows that once government gets power like this, it rarely gives it back.”

Both lawmakers said they support strong enforcement of civil rights and labor laws, but argued that enforcement must still respect constitutional protections and due process.

“The issue here is not whether laws should be enforced,” said Abell. “The issue is whether enforcement should happen within a framework that protects citizens from unnecessary intrusion and political misuse of government authority.”

Walsh said the Legislature should focus on protecting the rights of Washington residents rather than expanding the investigative reach of state government.

“Washingtonians expect their government to protect their freedoms, not expand its ability to investigate them,” said Walsh.

ESSB 5925 passed the House on Wednesday with no Republicans votes.

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Washington State House Republican Communications
houserepublicans.wa.gov