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119-s-3874119th Congress

Prohibiting Political Prosecutions Act of 2026

Sponsored By: Senator Blumenthal, Richard [D-CT]

Introduced

Summary

Stop political considerations from driving federal prosecutions. This bill would bar government attorneys and investigators from starting, continuing, or declining prosecutions or investigations based on a person's political affiliations, activities, or beliefs and would add new enforcement, reporting, and grand jury rules to enforce that limit.

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  • It requires covered DOJ and investigative personnel to attest in criminal complaints, informations, indictments, and warrants that political or policy considerations did not influence charging decisions and that the evidence supports guilt beyond a reasonable doubt. It preserves the Attorney General's ability to issue prosecutorial guidelines.
  • It creates a civil cause of action so anyone investigated or prosecuted in the United States can sue applicable covered individuals for damages. It also tightens grand jury rules by requiring presentation of exculpatory and impeachment material, by forcing disclosure of how many grand jurors indicted on each count, and by adding a new "For Political Reasons" dismissal standard.
  • It bars the President and White House employees from directing DOJ investigative or charging choices and forbids DOJ staff from considering such directions. It requires the Office of Professional Responsibility and the Office of the Inspector General to open investigations within 5 business days, finish them within 1 month, and report findings to the appropriate congressional committees within 5 business days of completion.

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 5 benefits, 0 costs, 0 mixed.

New right to sue over political prosecutions

If enacted, a person who was investigated or prosecuted after a violation of the ban on political considerations would be able to sue the applicable covered individual for money damages in U.S. court. The suit could name the covered official in their personal capacity. This right to bring a damages claim would take effect upon enactment.

Ban on political motives in prosecutions

If enacted, the bill would bar government attorneys and investigators from using a person's political or policy associations, activities, or beliefs when deciding whether to open or recommend a prosecution or investigation. It would also bar the President and White House employees from directing DOJ decisions in individual criminal cases, and bar DOJ staff from following such instructions. The bill would list which officials are covered, including FBI leaders, agency heads, U.S. attorneys, and line prosecutors. These rules would take effect upon enactment.

Faster reporting of political complaints

If enacted, all DOJ and FBI employees would have to report instances where political or policy associations were considered in an investigation or charging decision to both the Office of Professional Responsibility and the Office of the Inspector General. Those offices would have to start an investigation within 5 business days and finish within 1 month. OPR and OIG would have to disclose the complaint, investigative steps, and findings to the appropriate congressional committees within 5 business days of issuing findings or concluding the investigation. These rules would take effect upon enactment.

More grand jury transparency and safeguards

If enacted, the government would have to tell grand juries about known exculpatory evidence and any materials that could impeach a government witness. A defendant who shows substantial grounds to believe political considerations were used could ask a judge to review grand jury minutes in private. If the judge finds political influence or insufficient probable cause, the court must dismiss all or part of the indictment; the government could only re-present after the court finds substantial grounds that politics were not involved. The government would also have to provide, on request, the number of grand jurors who indicted on each count and the number present for the vote. These rules would take effect upon enactment.

Signed statements on charging and warrants

If enacted, every criminal complaint, information, indictment, and application for a search or arrest warrant would need a signed attestation by the applicable covered official. The attestation would say the official is not aware the filing is sought because of the person's political associations, activities, or beliefs and is not to change those associations. For charges, the attestor would also state they believe the evidence is sufficient to prove guilt beyond a reasonable doubt. This requirement would take effect upon enactment.

Sponsors & CoSponsors

Sponsor

Blumenthal, Richard [D-CT]

CT • D

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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