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Robert F. Kennedy Department of Justice Building, Washington, D.C. Virginia residents can copy letters asking police and the commonwealth's attorney to investigate DOGE’s handling of Social Security data under Va. Code 18.2-186.3 and Va. Code 18.2-152.5.
Letters for Virginia
These letters are activist material published by The Existentialist Republic. They are not legal advice, and The Existentialist Republic does not act as legal counsel for anyone who files. Each reader decides whether and when to file.
Virginia elects an attorney for the Commonwealth in each county and city, who prosecutes felonies there (Va. Code 15.2-1626). Va. Code 2.2-511(A) provides that "unless specifically requested by the Governor to do so, the Attorney General shall have no authority to institute or conduct criminal prosecutions in the circuit courts of the Commonwealth except in cases involving" listed categories, which include violations of the Virginia Computer Crimes Act with the concurrence of the local attorney for the Commonwealth.
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Write your two personal parts once
Every letter starts with your own opening and ends with your own closing, so no two letters arrive identical. The copy buttons switch on once both are filled in.
If you are a federal employee or hold a security clearance, you can leave out the police report and send the other letters. Send them from a personal email account on your own time, and sign as a private resident without a job title.
Letter 1, optional: the police report
To the [police department or sheriff’s office]:
[Your opening: where you live and why this matters to you, in one to three sentences.]
I am reporting suspected identity theft under Va. Code 18.2-186.3. The Social Security Administration holds my personal information, including in the agency’s Numident file.
On Jan. 16, 2026, Justice Department lawyers filed a Notice of Corrections to the Record in AFSCME v. Social Security Administration, No. 1:25-cv-00596 (D. Md.), ECF 197. The Social Security Administration reported that the agency’s former Department of Government Efficiency team, known as DOGE, took actions “potentially outside of SSA policy and/or noncompliant with” a March 20, 2025, court order. From March 7 to March 17, 2025, team members shared data through Cloudflare, a third-party server, and the agency has not been able to determine what was shared. On March 3, 2025, a team member emailed the Department of Homeland Security an encrypted file and copied a senior adviser to the U.S. DOGE Temporary Organization and a DOGE-affiliated Labor Department employee. The agency believes the file held personal information, including names and addresses, of about 1,000 people, and the agency has been unable to open it. A team member signed a “Voter Data Agreement” with a political group seeking “to find evidence of voter fraud and to overturn election results in certain States.” On March 24, 2025, four days after the court order, a team member searched personal data in the Numident, the agency’s master file of Social Security numbers. In an Aug. 26, 2025, whistleblower disclosure, Charles Borges, then the agency’s chief data officer, said DOGE staff copied the Numident, with records on more than 300 million Americans, to a cloud environment without independent oversight. In March 2026, the agency’s Office of the Inspector General notified congressional committee leaders of a review of “the potential misuse of SSA data by a former DOGE employee.” On April 10, 2026, the full U.S. Court of Appeals for the 4th Circuit vacated a preliminary injunction for lack of irreparable harm without ruling on whether DOGE’s access was lawful. U.S. District Judge Ellen Lipton Hollander ordered discovery, including depositions, on April 14, 2026, and on June 26, 2026, refused to withdraw the order, writing that the government “may have ‘provided patently false information to the district court.’”
Please take this report and forward it to the Commonwealth's Attorney.
[Your closing: the reply you want.]
Respectfully,
[Full name]
[Street address]
[City, state, ZIP]
[Email or phone]Letter 2: the commonwealth's attorney
Dear Commonwealth's Attorney [last name]:
[Your opening.]
I am asking your office to open a criminal investigation into the conduct described below. The Social Security Administration holds my personal information, including in the agency’s Numident file.
On Jan. 16, 2026, Justice Department lawyers filed a Notice of Corrections to the Record in AFSCME v. Social Security Administration, No. 1:25-cv-00596 (D. Md.), ECF 197. The Social Security Administration reported that the agency’s former Department of Government Efficiency team, known as DOGE, took actions “potentially outside of SSA policy and/or noncompliant with” a March 20, 2025, court order. From March 7 to March 17, 2025, team members shared data through Cloudflare, a third-party server, and the agency has not been able to determine what was shared. On March 3, 2025, a team member emailed the Department of Homeland Security an encrypted file and copied a senior adviser to the U.S. DOGE Temporary Organization and a DOGE-affiliated Labor Department employee. The agency believes the file held personal information, including names and addresses, of about 1,000 people, and the agency has been unable to open it. A team member signed a “Voter Data Agreement” with a political group seeking “to find evidence of voter fraud and to overturn election results in certain States.” On March 24, 2025, four days after the court order, a team member searched personal data in the Numident, the agency’s master file of Social Security numbers. In an Aug. 26, 2025, whistleblower disclosure, Charles Borges, then the agency’s chief data officer, said DOGE staff copied the Numident, with records on more than 300 million Americans, to a cloud environment without independent oversight. In March 2026, the agency’s Office of the Inspector General notified congressional committee leaders of a review of “the potential misuse of SSA data by a former DOGE employee.” On April 10, 2026, the full U.S. Court of Appeals for the 4th Circuit vacated a preliminary injunction for lack of irreparable harm without ruling on whether DOGE’s access was lawful. U.S. District Judge Ellen Lipton Hollander ordered discovery, including depositions, on April 14, 2026, and on June 26, 2026, refused to withdraw the order, writing that the government “may have ‘provided patently false information to the district court.’”
As a Virginia resident whose Social Security records are maintained by the Social Security Administration, I believe this conduct violates Va. Code 18.2-186.3 and Va. Code 18.2-152.5. Identity theft makes it "unlawful for any person, without the authorization or permission of the person or persons who are the subjects of the identifying information, with the intent to defraud, for his own use or the use of a third person, to: 1. Obtain, record, or access identifying information which is not available to the general public that would assist in accessing financial resources, obtaining identification documents, or obtaining benefits of such other person" (Va. Code 18.2-186.3(A)); "any violation resulting in financial loss of $1,000 or more shall be punishable as a Class 6 felony." Computer invasion of privacy covers a person who "uses a computer or computer network and intentionally examines without authority any employment, salary, credit or any other financial or identifying information" of another person (Va. Code 18.2-152.5). Identity theft is "considered to have been committed in any locality where the person whose identifying information was appropriated resides" (18.2-186.3(D)), and a prosecution must begin within five years after the last act in the course of conduct (Va. Code 19.2-8).
In Colorado v. Symes, 286 U.S. 510 (1932), the U.S. Supreme Court held that federal officers “are not, merely because they are such, granted immunity from prosecution in state courts for crimes against state law.” The immunity recognized in In re Neagle, 135 U.S. 1 (1890), covers acts federal law authorizes that were necessary and proper to the officer’s duty, and the agency has said this conduct was potentially outside agency policy. The plaintiffs in the civil lawsuits seek court orders, and criminal charges require a prosecutor. The president’s pardon power applies only to “Offences against the United States” (U.S. Const. art. II, sec. 2), and in Gamble v. United States, 587 U.S. 678 (2019), the Supreme Court reaffirmed that each state prosecutes crimes under its own law as a separate sovereign. In April 2026, the Hennepin County Attorney’s Office in Minnesota charged a federal immigration officer with assault under state law.
I am asking you to use subpoenas to learn where Virginia residents’ data went and who used it.
[If you filed a police report: I reported this to (agency) on (date), report number (number).]
[Your closing: the reply you want.]
Respectfully,
[Full name]
[Street address]
[City, state, ZIP]
[Email or phone]Letter 3: the attorney general
Dear Attorney General [last name]:
[Your opening.]
I am asking your office to open a criminal investigation into the conduct described below. The Social Security Administration holds my personal information, including in the agency’s Numident file.
On Jan. 16, 2026, Justice Department lawyers filed a Notice of Corrections to the Record in AFSCME v. Social Security Administration, No. 1:25-cv-00596 (D. Md.), ECF 197. The Social Security Administration reported that the agency’s former Department of Government Efficiency team, known as DOGE, took actions “potentially outside of SSA policy and/or noncompliant with” a March 20, 2025, court order. From March 7 to March 17, 2025, team members shared data through Cloudflare, a third-party server, and the agency has not been able to determine what was shared. On March 3, 2025, a team member emailed the Department of Homeland Security an encrypted file and copied a senior adviser to the U.S. DOGE Temporary Organization and a DOGE-affiliated Labor Department employee. The agency believes the file held personal information, including names and addresses, of about 1,000 people, and the agency has been unable to open it. A team member signed a “Voter Data Agreement” with a political group seeking “to find evidence of voter fraud and to overturn election results in certain States.” On March 24, 2025, four days after the court order, a team member searched personal data in the Numident, the agency’s master file of Social Security numbers. In an Aug. 26, 2025, whistleblower disclosure, Charles Borges, then the agency’s chief data officer, said DOGE staff copied the Numident, with records on more than 300 million Americans, to a cloud environment without independent oversight. In March 2026, the agency’s Office of the Inspector General notified congressional committee leaders of a review of “the potential misuse of SSA data by a former DOGE employee.” On April 10, 2026, the full U.S. Court of Appeals for the 4th Circuit vacated a preliminary injunction for lack of irreparable harm without ruling on whether DOGE’s access was lawful. U.S. District Judge Ellen Lipton Hollander ordered discovery, including depositions, on April 14, 2026, and on June 26, 2026, refused to withdraw the order, writing that the government “may have ‘provided patently false information to the district court.’”
As a Virginia resident whose Social Security records are maintained by the Social Security Administration, I believe this conduct violates Va. Code 18.2-186.3 and Va. Code 18.2-152.5. Identity theft makes it "unlawful for any person, without the authorization or permission of the person or persons who are the subjects of the identifying information, with the intent to defraud, for his own use or the use of a third person, to: 1. Obtain, record, or access identifying information which is not available to the general public that would assist in accessing financial resources, obtaining identification documents, or obtaining benefits of such other person" (Va. Code 18.2-186.3(A)); "any violation resulting in financial loss of $1,000 or more shall be punishable as a Class 6 felony." Computer invasion of privacy covers a person who "uses a computer or computer network and intentionally examines without authority any employment, salary, credit or any other financial or identifying information" of another person (Va. Code 18.2-152.5). Identity theft is "considered to have been committed in any locality where the person whose identifying information was appropriated resides" (18.2-186.3(D)), and a prosecution must begin within five years after the last act in the course of conduct (Va. Code 19.2-8).
In Colorado v. Symes, 286 U.S. 510 (1932), the U.S. Supreme Court held that federal officers “are not, merely because they are such, granted immunity from prosecution in state courts for crimes against state law.” The immunity recognized in In re Neagle, 135 U.S. 1 (1890), covers acts federal law authorizes that were necessary and proper to the officer’s duty, and the agency has said this conduct was potentially outside agency policy. The plaintiffs in the civil lawsuits seek court orders, and criminal charges require a prosecutor. The president’s pardon power applies only to “Offences against the United States” (U.S. Const. art. II, sec. 2), and in Gamble v. United States, 587 U.S. 678 (2019), the Supreme Court reaffirmed that each state prosecutes crimes under its own law as a separate sovereign. In April 2026, the Hennepin County Attorney’s Office in Minnesota charged a federal immigration officer with assault under state law.
Va. Code 2.2-511(A) lets your office prosecute violations of the Virginia Computer Crimes Act with the concurrence of the attorney for the Commonwealth, and any criminal matter the governor specifically requests. I am asking you to act on any concurrence or request your office receives, and to tell me which one your office needs.
[If you filed a police report: I reported this to (agency) on (date), report number (number).]
[Your closing: the reply you want.]
Respectfully,
[Full name]
[Street address]
[City, state, ZIP]
[Email or phone]Letter 4: the governor
Dear Governor [last name]:
[Your opening.]
The Social Security Administration holds my personal information, including in the agency’s Numident file.
On Jan. 16, 2026, Justice Department lawyers filed a Notice of Corrections to the Record in AFSCME v. Social Security Administration, No. 1:25-cv-00596 (D. Md.), ECF 197. The Social Security Administration reported that the agency’s former Department of Government Efficiency team, known as DOGE, took actions “potentially outside of SSA policy and/or noncompliant with” a March 20, 2025, court order. From March 7 to March 17, 2025, team members shared data through Cloudflare, a third-party server, and the agency has not been able to determine what was shared. On March 3, 2025, a team member emailed the Department of Homeland Security an encrypted file and copied a senior adviser to the U.S. DOGE Temporary Organization and a DOGE-affiliated Labor Department employee. The agency believes the file held personal information, including names and addresses, of about 1,000 people, and the agency has been unable to open it. A team member signed a “Voter Data Agreement” with a political group seeking “to find evidence of voter fraud and to overturn election results in certain States.” On March 24, 2025, four days after the court order, a team member searched personal data in the Numident, the agency’s master file of Social Security numbers. In an Aug. 26, 2025, whistleblower disclosure, Charles Borges, then the agency’s chief data officer, said DOGE staff copied the Numident, with records on more than 300 million Americans, to a cloud environment without independent oversight. In March 2026, the agency’s Office of the Inspector General notified congressional committee leaders of a review of “the potential misuse of SSA data by a former DOGE employee.” On April 10, 2026, the full U.S. Court of Appeals for the 4th Circuit vacated a preliminary injunction for lack of irreparable harm without ruling on whether DOGE’s access was lawful. U.S. District Judge Ellen Lipton Hollander ordered discovery, including depositions, on April 14, 2026, and on June 26, 2026, refused to withdraw the order, writing that the government “may have ‘provided patently false information to the district court.’”
In Colorado v. Symes, 286 U.S. 510 (1932), the U.S. Supreme Court held that federal officers “are not, merely because they are such, granted immunity from prosecution in state courts for crimes against state law.” The immunity recognized in In re Neagle, 135 U.S. 1 (1890), covers acts federal law authorizes that were necessary and proper to the officer’s duty, and the agency has said this conduct was potentially outside agency policy. The plaintiffs in the civil lawsuits seek court orders, and criminal charges require a prosecutor. The president’s pardon power applies only to “Offences against the United States” (U.S. Const. art. II, sec. 2), and in Gamble v. United States, 587 U.S. 678 (2019), the Supreme Court reaffirmed that each state prosecutes crimes under its own law as a separate sovereign. In April 2026, the Hennepin County Attorney’s Office in Minnesota charged a federal immigration officer with assault under state law.
Under Va. Code 2.2-511(A), the attorney general may institute a criminal prosecution when specifically requested by the governor. I am asking you to make that request for a criminal investigation into this conduct.
[Your closing: the reply you want.]
Respectfully,
[Full name]
[Street address]
[City, state, ZIP]
[Email or phone]What officials in Virginia said back
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Report what happened in Virginia
If you filed a police report or sent one of these letters, add it here, and come back with the office’s reply when it arrives. The ER publishes each report’s state, office, outcome and month. The report contains no name, address, email address, phone number or case number.
What reason did the office give? Check all that apply.
Sources
- Va. Code 18.2-186.3
- Va. Code 18.2-152.5
- Va. Code 19.2-8
- Va. Code 2.2-511
- Va. Code 15.2-1626
- Notice of Corrections, ECF 197
- Colorado v. Symes, 286 U.S. 510 (1932)
- In re Neagle, 135 U.S. 1 (1890)
- Gamble v. United States, 587 U.S. 678 (2019)
- U.S. Constitution, Article II, Section 2
Change log
- Feb. 19, 2026, version 1: First set posted as a comment on the Feb. 16, 2026, article. Original
- Sept. 29, 2026, version 2: Set rebuilt from the state’s own statutes, with every quotation checked against the official text or a published copy of the code.
These letters are activist material published by The Existentialist Republic. They are not legal advice, and The Existentialist Republic does not act as legal counsel for anyone who files. Each reader decides whether and when to file.
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