Bill · S. 3874· Senate(119-S-3874)
Prohibiting Political Prosecutions Act of 2026
- Introduced
- 2/12/2026
- Last activity
- 2/12/2026 — Read twice and referred to the Committee on the Judiciary.
- Sponsored by
- Richard Blumenthal
- Cosponsors
- None
- Introduced
- In Committee
What this bill would do
The Prohibiting Political Prosecutions Act of 2026 aims to prevent government attorneys and investigators from using a person's political associations, activities, or beliefs as a reason to start or recommend a prosecution. It requires officials to sign statements for criminal complaints and warrants confirming they are not acting based on those political factors. The bill also updates grand jury rules regarding the presentation of exculpatory and impeachment evidence and the disclosure of vote tallies. Additionally, it prohibits the White House and the President from instructing the Department of Justice on individual criminal cases. Finally, it establishes new reporting and investigation requirements for the Office of Professional Responsibility and the Inspector General.
Yes· 3 of 5
Does this make what the government does easier for the public to see?+7
The bill mandates increased transparency in grand jury proceedings and requires reporting on potential political interference.
Does this protect the right to fair treatment by the courts?+6
The bill enhances due process through grand jury information requirements and new protections against political bias.
Does this change how police departments operate?+5
The bill implements oversight and accountability measures regarding how investigations and prosecutions are initiated.
The opposite
Does this give the government more power to monitor people inside the country?-3
The bill adds procedural requirements for government officials, which may increase the friction of domestic surveillance investigations.
Does this give the federal government more power?-2
The bill limits the President's ability to direct the Department of Justice, potentially reducing executive power.
Who it would affect, and how
Potential Positive Impacts for People
-
Protection from politically motivated prosecution: Government attorneys and investigators are prohibited from considering a person's political associations, activities, or beliefs when deciding whether to start a prosecution or investigation. (Section 2)
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Increased transparency in grand juries: The government must now inform the grand jury about exculpatory evidence and any information that might impeach the credibility of a witness. (Section 3)
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Access to voting data: Upon a defendant's request, the government must provide the number of grand jurors who voted to indict on each count and the total number of jurors present. (Section 3)
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Legal recourse for victims of political prosecution: Individuals who are investigated or prosecuted due to a violation of these rules can bring a civil action for damages against the specific government official in their individual capacity. (Section 2)
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Protection from White House interference: The bill prevents the President or White House employees from directing the Department of Justice regarding investigative or charging decisions in individual criminal cases. (Section 4)
Potential Negative Impacts for People
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Requirement for judicial review of grand jury minutes: If a defendant alleges political motivation, a judge must review grand jury minutes in camera to check for sufficiency of evidence and the presence of exculpatory or impeachment information. (Section 3)
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Restrictions on re-presenting cases: If a court dismisses an indictment because of improper political considerations or insufficient evidence, the government can only present the case to a different grand jury if it meets specific legal findings. (Section 3)
Groups and Interests Ranking
Every group the model scored this bill for, from -10 to +10. Hover a score for the reason it gave.
- Governance And Ideology
- Improves Government Transparency+7Improves Due Process+6Improves Freedom Of Speech+4Increases Federal Power-2
- Social Issues And Justice
- Improves Policing Reform+5Improves Freedom Of Speech+4
- National Security And Foreign Policy
- Increases Domestic Surveillance-3
- 2/12/2026
- Read twice and referred to the Committee on the Judiciary.
- Introduced in Senate
One bill Congress.gov lists as related to this one — companions in the other chamber, earlier versions, and bills this one absorbed or was folded into.