Prohibiting Political Prosecutions Act of 2026
Sponsored By: Representative Goldman, Daniel S. [D-NY-10]
Introduced
Summary
Preventing political prosecutions is the bill's core aim. It would bar federal personnel from using political or policy beliefs or affiliations to decide whether to bring, drop, or act on criminal charges and add attestations, reporting, and accountability rules.
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- Federal prosecutors and FBI personnel would have to attest in complaints, informations, indictments, and warrants that political beliefs did not influence charging decisions and that the evidence supports probable guilt. The bill would also create a private right to sue for civil damages against individuals who violate the new rule.
- Grand jury and case procedures would change to require disclosure of exculpatory information and witness-impeachment material to grand juries, allow a grand jury vote tally on request, and add limits and in-camera review when dismissals are claimed to be politically motivated.
- The White House would be barred from directly or indirectly instructing DOJ charging decisions and DOJ would have to report suspected political consideration to the Office of Professional Responsibility and the Office of the Inspector General. Certain disclosures to congressional committees must follow short timelines including 5 business days for initial notices and a 1-month investigative window with findings disclosed 5 business days after completion.
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 2 benefits, 0 costs, 1 mixed.
Grand jury disclosure and court review
If enacted, the bill would require prosecutors to tell the grand jury about any exculpatory evidence the government knows about and to provide impeachment material in the government's possession for witnesses who testified. If a defendant asks, prosecutors would have to give the number of grand jurors who voted to indict on each count and the number present. A defendant could ask a judge to dismiss charges and to review grand jury minutes in private if they allege politics were considered. A judge could dismiss part or all of an indictment for political influence or weak probable cause; re-presentation to a different grand jury would be allowed only after a court finding and a government motion.
Stop politics from driving prosecutions
If enacted, the bill would prohibit federal prosecutors and investigators from starting or recommending investigations or charges based on a person’s political or policy associations, activities, or beliefs. It would bar the President and White House staff from directly or indirectly instructing DOJ about individual criminal cases, and would bar DOJ from relying on such instructions. The bill would list which officials must follow the rules (for FBI cases: Director, special agent in charge, section chiefs, and agents; for other agencies: the agency head and agents, plus U.S. attorneys and line prosecutors). It would also require that filings include a signed attestation that the filing is not sought for political reasons and, for complaints or indictments, that the filer believes the evidence can prove guilt beyond a reasonable doubt. This would take effect upon enactment.
Reporting rules and private lawsuits
If enacted, DOJ and FBI employees would have to report any instance where a target’s political or policy beliefs were considered in an investigation or charging decision to the Office of Professional Responsibility and the Inspector General. OPR and OIG would have to start investigations within 5 business days and finish them within 1 month. They would have to give confidential disclosures to appropriate congressional committees, including the complaint, investigative steps, and findings, within 5 business days after findings or after the investigation ends. The bill would also let anyone who was investigated or prosecuted because of politics sue covered officials for damages in the officials’ personal capacity. These requirements would take effect upon enactment.
Sponsors & CoSponsors
Sponsor
Goldman, Daniel S. [D-NY-10]
NY • D
Cosponsors
Del. Norton, Eleanor Holmes [D-DC-At Large]
DC • D
Sponsored 2/20/2026
Rep. Gomez, Jimmy [D-CA-34]
CA • D
Sponsored 2/20/2026
Rep. Larson, John B. [D-CT-1]
CT • D
Sponsored 2/20/2026
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov