On March 23, 1775, Patrick Henry famously delivered his “give me liberty or give me death speech” to the Second Virginia Convention.
On Wednesday, the Washington State House of Representatives said, “Meh.”
On March 4, 2026, the House of Representatives spent several hours debating and passing Senate Bill 5925. At first glance, the bill may appear technical or unimportant. Further review, however, reveals something far more profound. The bill grants the Washington Attorney General authority to issue what are known as Civil Investigative Demands while examining potential violations of certain laws. The demands allow the Attorney General’s office to compel documents, written responses, and sworn testimony before a civil lawsuit is even filed.
Supporters describe this as simply providing the tools necessary to investigate possible violations of the law.
Opponents, including me, argue that the tools matter. Especially when placed in the hands of government.
Under this bill, the Attorney General is empowered to compel testimony and records from individuals, businesses, religious organizations, nonprofit organizations, and even other elected officials based on the “reasonable” belief that a violation of law might have occurred. The scope of those investigations includes alleged violations of the United States Constitution, the Washington Constitution, and discrimination statutes.
These are not narrow categories. They are broad legal frameworks addressing some of the most controversial issues facing our society.
In practical terms, this means a person or organization could be compelled to turn over records, answer interrogatories, or even sit for sworn testimony before a lawsuit is filed and before a judge ever reviews the merits of the claim. The burden then falls on the recipient to challenge the demand in court.
That should gravely concern every Washingtonian.
Our legal system is built on the principle that government power must be constrained and accountable. Courts exist precisely to ensure that liberty is protected. Senate Bill 5925 shifts that balance by allowing the state’s top legal office to initiate compelled discovery without that initial judicial safeguard. In effect, it becomes a standardless “cart before the horse” process.
Not only is the process bad, in effect, it becomes the punishment.
Civil investigative demands are powerful tools. Responding to one may require significant legal expense, disruption to operations, and production of large volumes of records. For small businesses, local governments, religious organizations, or nonprofits, the cost in terms of time and expense may be crippling.
Equally troubling is the potential for this authority to dig deep into internal governance of religious organizations, the operations of small businesses, and the actions of our health care providers in a time when every dollar should be going to patient care.
None of this is to suggest that civil rights violations should not be investigated. They should be. Our laws exist for a reason, and they must be enforced.
But enforcement must also respect the constitutional guardrails that protect citizens from overreach.
When government gains the power to investigate first and justify later, liberty is on shaky ground.
Patrick Henry would agree. And so do I.
Rep. Hunter Abell, R-Inchelium, represents the 7th Legislative District in Northeast Washington. After a 20-year military career, he is currently a Commander in the United States Navy Reserve. He is an attorney and served as a Judge of the Ferry County District Court.
