Prohibiting Political Prosecutions Act of 2026

Protection Against Political Prosecutions: Section 2 of the bill prevents government attorneys and investigators from considering a person's political associations, activities, or beliefs when deciding to commence or recommend prosecution. This protects everyday citizens and political figures alike from politically motivated legal targeting.

Transparency in Grand Juries: Section 3 requires the government to inform grand juries about existing exculpatory evidence and witness impeachment information. This ensures that grand juries hear both sides of the story, providing a fairer process for the accused.

Defense Access to Voting Data: Section 3 allows defendants to request the number of grand jurors who voted to indict on each count and how many were present for the vote. This gives defendants concrete information to check the validity of their indictment.

Blocking White House Interference: Section 4 prohibits the President and White House employees from directly or indirectly instructing the Department of Justice on investigative or charging decisions in individual criminal cases. This helps keep partisan politics out of the justice system.

Right to Sue for Abuses: Section 2 allows any person investigated or prosecuted in violation of these rules to bring a civil action for damages against the responsible government individual in their individual capacity. This holds specific officials accountable for abusing their power.

Burdensome Attestation Requirements: Section 2 requires applicable covered individuals to include specific attestations with every criminal complaint, information, indictment, and application for a search or arrest warrant. This adds administrative steps and paperwork to law enforcement and prosecutorial duties.

Strict Reporting and Investigation Timelines: Section 5 requires Department of Justice and FBI employees to report any political considerations to oversight offices, and mandates that these offices launch investigations within five business days and complete them within a month. These tight deadlines could strain internal oversight resources.