S.Amdt. 5718

The amendment, titled the Prohibiting Political Prosecutions Act of 2026, aims to prevent the use of the legal system to target people based on their political or policy beliefs. It adds several restrictions and requirements to how investigations and prosecutions are handled.

Key changes and additions include:

• Restrictions on Prosecutions: Government attorneys and investigators are prohibited from considering a person's political associations, activities, or beliefs when deciding whether to investigate or prosecute. They cannot use these actions to influence or change a person's beliefs.

• Required Attestations: Those seeking criminal complaints, indictments, or warrants must sign an attestation stating that the action is not based on the person's political beliefs and, for indictments, that the evidence is sufficient to prove guilt beyond a reasonable doubt.

• Accountability: People who are investigated or prosecuted in violation of these rules can bring civil lawsuits for damages against the individuals involved.

• Grand Jury Reforms: The government must now inform grand juries of exculpatory evidence and information that could impeach a witness's credibility. Additionally, defendants can request the tally of grand jurors who voted to indict.

• Court Oversight: Judges can review grand jury minutes to determine if a prosecution was brought for political reasons. If so, the court shall dismiss all or part of the indictment.

• White House Influence: The President and White House employees are prohibited from instructing the Department of Justice on investigative or charging decisions in individual criminal cases.

• Reporting Requirements: DOJ and FBI employees must report instances of political considerations in charging decisions to the Office of Professional Responsibility and the Office of the Inspector General, who must then disclose those reports to congressional committees.