The Attorney General wants to assemble a secretive force of investigators, including foreign visa holders, with expanded powers and hidden identities. In Washington State, this dystopian scenario isn’t mere speculation—it’s the potential reality brewing under a suite of bills requested by Washington Attorney General Nick Brown. These proposals, cloaked in the language of efficiency and inclusivity, could fundamentally reshape the balance of power, tipping it toward an unaccountable executive branch at the expense of transparency and constitutional protections.
The four bills in question—SB-5068, HB-2156, HB-2096, and HB-2161/SB-5925—form a coordinated package, with most originating from requests by AG Brown. On the surface, they appear benign: expanding hiring pools, clarifying investigative authorities, providing identity protections for investigators, and granting tools to probe constitutional violations. But dig deeper, and a pattern emerges. SB-5068 opens law enforcement roles to foreign nationals on visas, HB-2156 grants new powers to AG investigators, HB-2096 shrouds them in secrecy, and HB-2161, with its Senate companion bill SB-5925, arms the AG with broad civil investigative mandates. Together, they risk creating a clandestine enforcement arm within the AG’s office; one that operates with minimal oversight and could be staffed by individuals whose allegiances are temporary, divided, or beholden.
These bills threaten core principles of limited government, citizen primacy, and transparent governance. Our founding documents emphasize that power derives from the people: U.S. citizens who swear undivided loyalty to the Constitution. Yet these measures could erode that foundation, introducing foreign influence into sensitive state operations while amplifying the opacity already plaguing Washington’s government. If passed by the legislature and signed by the Governor, they threaten not just administrative overreach, but the potential targeting of ideological or political opponents. In a state where one party holds dominant control, this suite of bills creates the framework for a powerful, potentially partisan secret force that could be weaponized against dissenters. Government should serve the people openly, not hide in the shadows while expanding its grasp.
This isn’t hyperbole. Recent Democrat history of secrecy controversies, particularly around “legislative privilege,” underscores the risks. Lawmakers have repeatedly invoked dubious legal shields to withhold public records, fostering a culture of non-transparency that could easily extend to the AG’s office under these bills. A 2024 opinion piece in the Tacoma News Tribune questioned, “Should Washington legislators be allowed to employ a dubious legal theory called ‘legislative privilege’ to withhold documents from the public?” This practice, rampant in the Democrat majority House and Senate, has drawn widespread criticism for complicating the state’s Public Records Act and evading accountability. AG Brown, a Democrat himself embroiled in a controversy over dismissing fraud allegations as “baseless” despite audits revealing millions in unaccounted funds, adds to the concern. The stage is set for these bills to exacerbate an already troubling trend.
Building Blocks of a Politically Weaponized Executive
To understand the full threat, let’s break down each bill, starting with those that directly empower and conceal the AG’s operations.
HB-2156, the Authority for Investigators bill, is positioned as a mere clarification of the AG’s investigative powers. In reality, it potentially expands them significantly, granting concurrent authority with local prosecutors to probe crimes such as labor violations or consumer fraud. Key provisions could include arrest powers, enhanced evidence gathering, and participation in joint operations. This effectively elevates AG investigators from advisory roles to active enforcers in specified areas, creating “new authorities” that go beyond traditional boundaries and allowing the AG’s office to delve into matters typically handled by local law enforcement.
The AG connection is direct: This bill empowers Brown’s office, ostensibly to streamline prosecutions, but it raises red flags about mission creep. Without robust oversight, what prevents this from morphing into general policing powers? In a state where the executive branch already pushes the limits of transparency, this could enable the AG to encroach on local jurisdictions, centralizing control in Olympia and diminishing community accountability.
Complementing this is HB-2096, the Confidentiality for Investigators bill. It amends RCW 46.08 to permit the issuance of confidential driver’s licenses and identicards to AG investigators, purportedly to safeguard their identities during sensitive work. Key provisions add layers of secrecy, facilitating undercover or anonymous operations that shield personal details from public view.
The stated purpose is operational enhancement, but at what cost? By enabling investigators to operate incognito, it compounds the risks of unaccountable actions. In an era where government transparency is already under siege, this bill could turn the AG’s office into a black box, where decisions and identities are hidden from the taxpayers who fund them.
Adding to this arsenal is HB-2161/SB-5925, concerning the general powers and duties of the Attorney General’s office. Sponsored at the request of AG Brown, this bill authorizes the AG to issue civil investigative demands (CIDs) for documents, oral testimony, and answers to interrogatories when investigating possible violations of the U.S. Constitution, Washington Constitution, or other specified laws. It empowers the AG to probe systemic issues in law enforcement and corrections agencies, potentially targeting federal entities like ICE. Critics warn that it’s “far more dangerous than the bill text sounds,” aiming to expand the AG’s ability to issue warrant-like demands in civil cases, possibly to harass political opponents.
This bill directly bolsters Brown’s office with sweeping investigative tools, framed as protecting rights but risking partisan abuse. It could centralize more power in the AG, allowing probes into “systemic violations” without clear limits, further entrenching opacity.
Finally, SB-5068, the Visa Expansion Bill, allows employment eligibility for law enforcement and related roles, including AG investigators, to any federally work-authorized individuals. This includes foreign nationals on visas like H-1B or DACA recipients, moving beyond the traditional requirements of U.S. citizenship or permanent residency. Key provisions remove citizenship barriers, and adjust certifications to accommodate firearm restrictions for non-citizens.
On its own this bill flags profound dangers, but when viewed in combination with AG Brown’s wish-list of investigatory enhancement and secrecy, alarm bells are sounding. While diversity in staffing sounds appealing, introducing “foreign visa hires” into positions of force authority on citizens could create safety concerns for the public. In sensitive roles involving law enforcement duties and targeted investigations, allegiance to the hiring head could replace allegiance to the state Constitution and moral practice.
These bills don’t exist in isolation; they’re a deliberate package from Brown’s office, marketed as progressive reforms but harboring the seeds of dangerous overreach.
Compounding Effects: A Recipe for Abuse
The true peril lies not in the individual bills but in their interactions—a synergistic web that could birth a veiled enforcement mechanism within the AG’s office.
Consider how HB-2156’s new investigative powers layer with HB-2096’s confidentiality provisions. Investigators armed with arrest authority and evidence-gathering tools could now operate incognito, their identities protected by confidential credentials. This creates a system where enhanced authority meets anonymity, potentially evading public scrutiny. What starts as targeted probes into labor issues could expand unchecked, with little recourse for those investigated.
HB-2161/SB-5925 amplifies this dramatically by adding civil investigative demands to the mix. The AG could issue subpoena-like orders for testimony and documents in constitutional probes, combined with HB-2156’s enforcement roles and HB-2096’s secrecy. This could enable sweeping, hidden investigations into law enforcement agencies or federal operations, like ICE, under the guise of rights protection but with partisan motives. As one critic noted, “What this bill does, though it doesn’t say it in the language of the bill, is an attempt to expand the state agency’s ability to go after ICE that are enforcing the laws here in Washington state.”
Now, compound this with SB-5068: Foreign visa hires could staff these very roles, amplifying risks exponentially. Foreign nationals, dependent on visas that can be revoked or influenced by external pressures, would wield secretive powers in a newly empowered AG framework. This introduces vulnerabilities like influence peddling. Imagine a visa holder facing coercion from their home country, or ideological pressure from the very department heads in charge of hiring and firing.
The hiring dynamics here are particularly insidious. SB-5068’s expansions populate HB-2156’s empowered positions while HB-2096 creates clandestine cover, and HB-2161/SB-5925 provides the investigative teeth—all for foreign nationals on temporary visas. Traditional loyalty oaths would be diluted beyond repair with no oversight to warn or highlight the damage. Extrapolated effects are chilling: Visa holders might succumb to foreign government pressures, with confidentiality hiding conflicts of interest. This could lead to a “shadow force” less accountable to U.S. citizens, operating under the AG’s banner, but insulated from safeguards.
The overall package forms an interconnected web of authority plus secrecy plus foreign hiring. The legislative package enables the AG to bypass traditional checks. Especially under an administration accused of opacity, this is a systemic threat. Washington’s “legislative privilege” controversies exemplify this danger. As reported, Democratic-majority legislators have quietly asserted privilege to shield internal records, complicating the Public Records Act. A Seattle Times investigation noted, “Legislators in the Democratic-majority House and Senate have been quietly asserting a new means of shielding some of their internal records from public view.” Despite a 2019 Supreme Court ruling against such withholdings, lawmakers continue invoking privilege, as detailed in InvestigateWest: “Despite a 2019 state Supreme Court ruling, legislators are shielding documents by claiming a loophole of ‘legislative privilege.'”
AG Brown’s own record fuels these concerns. Amid audits revealing $500 million in unaccounted DCYF funds and millions in overpayments, Brown dismissed fraud allegations as “baseless,” per reports. A bar complaint against him, stemming from alleged conflicts, was dismissed but later assigned to review, highlighting opacity in his office. The Center Square quoted, “The complaint against Brown was filed after The Center Square reported that he signed an amicus brief in support of private law firm Perkins Coie.” Such incidents mirror the broader secrecy issues and willingness to find cover on a partisan playfield. If these bills pass, they could entrench this secretive and ideologically driven culture, allowing Brown’s office to wield power without the sunlight of public accountability.
Chilling Ideological and Partisan Results
If enacted, the dangers of this suite of bills extend far beyond administrative tweaks, eroding core democratic pillars.
First, transparency and accountability would suffer gravely. HB-2096’s confidentiality, fused with HB-2156’s powers and HB-2161/SB-5925’s demands, fosters a “secret police” dynamic: targeted investigations without disclosure, ripe for political weaponization. Foreign workers in these roles exacerbate distrust. Their backgrounds, potentially harder to vet amid secrecy, could hide vulnerabilities.
Constitutionally, the bills undermine Article I, Section 7 of the Washington Constitution, which protects against unwarranted privacy invasions. They also flout federal precedents reserving sensitive roles for citizens, with visa hires conflicting oaths of allegiance and eroding citizen-led governance norms. Risks include foreign influence leading to biased probes—perhaps favoring immigrant groups; or leaks to external entities, as visa dependencies create pressure points. HB-2161/SB-5925’s focus on constitutional violations could be twisted to target ideological foes or federal immigration efforts, amplifying partisan divides.
National security threats loom large: Visa hires in expanded AG roles face dangers like mid-investigation status revocation or infiltration by adversarial nations, with confidentiality concealing issues. This could strain federal immigration ties, spark lawsuits, and deepen mistrust in institutions already viewed suspiciously amid Brown’s fraud dismissals.
A Call to Vigilance and Action
In sum, these bills represent a stealthy executive power expansion through new authorities, secrecy, and foreign visa integration, threatening liberty and sovereignty for Washingtonians. In a polarized world it is hard to see beyond the daily food fight of right versus left. Definitions to words like tyranny become blurred in a hyperbolic media landscape. Our government and our representatives should be accountable and transparent, even to those with a differing lens of ideological philosophy. The suite of bills highlighted could become the last step in an effort to weaponize government positions to attack ideological foes. Objectivity of government is in peril. Washingtonians must wake up to this suite of bills before the AG’s office becomes an unaccountable prosecutorial empire.
