No Political Enemies Act
Sponsored By: Representative Crow
Introduced
Summary
This bill would block federal investigations or enforcement actions that are substantially motivated by political targeting. It would create private legal tools and fund restrictions to stop and remedy politically motivated government actions.
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- Covered persons, defined as U.S. citizens, permanent residents, or domestic entities, would gain an affirmative defense, expedited discovery to probe motives, and a clear path to seek injunctive or equitable relief when they face actions driven by protected speech or participation.
- Individuals and entities could also sue for damages and attorney’s fees if officials knowingly initiated politically motivated actions that violated constitutional rights, and courts could review privileged materials in camera to determine motive.
- Federal officials and agencies would face a new burden to prove legitimate, nonpolitical motives by clear and convincing evidence, could lose indemnification in some cases, and would be barred from obligating or spending federal funds on covered actions substantially motivated by protected speech.
- The Department of Justice would report quarterly to Judiciary Committees on covered matters, including initiations, declinations, directives, and aggregated prosecutorial declarations.
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 4 benefits, 0 costs, 0 mixed.
Court power to block targeted actions
If enacted, a covered person could sue in federal court to stop government actions substantially motivated by protected speech or participation. The bill would treat a First Amendment violation as harm and allow courts to issue injunctions. Courts could enjoin tax assessments or collections tied to politically motivated challenges to tax-exempt status. It would also bar using federal funds for politically motivated actions and let harmed people sue to stop that spending.
Faster defenses and lawyer fee recovery
If enacted, the bill would let a defendant assert that an enforcement claim was substantially motivated by protected speech as an affirmative defense. If the defendant shows strong evidence, courts must order expedited discovery and may review privileged records in private. The Government would have to prove by clear and convincing evidence it was not motivated by protected speech. Courts could award reasonable attorneys' fees and costs to prevailing or substantially prevailing parties and remove some fee limits.
Money damages for political targeting
If enacted, you could sue a covered Federal official for money damages when the official knowingly started an action substantially motivated by your protected speech and your constitutional rights were violated. The bill would narrow official immunity to the fullest extent the Constitution allows. It would also restrict when the United States can indemnify or pay an official's legal bills in such cases.
Ban on politically motivated targeting
If enacted, the bill would bar covered Federal officials from starting enforcement or government actions substantially motivated by protected speech. It would define covered people as U.S. citizens, lawful permanent residents, and people present in the United States. Protected speech would include political speech, petitioning, and dissent. The bill would exclude actions against federal officers acting in their jobs.
Sponsors & CoSponsors
Sponsor
Crow
CO • D
Cosponsors
Rep. Houlahan, Chrissy [D-PA-6]
PA • D
Sponsored 1/14/2026
Rep. Frost, Maxwell [D-FL-10]
FL • D
Sponsored 1/14/2026
Ocasio-Cortez
NY • D
Sponsored 1/14/2026
Rep. Casar, Greg [D-TX-35]
TX • D
Sponsored 1/14/2026
Rep. Pocan, Mark [D-WI-2]
WI • D
Sponsored 1/14/2026
Rep. Goldman, Daniel S. [D-NY-10]
NY • D
Sponsored 1/14/2026
Simon
CA • D
Sponsored 1/14/2026
Craig
MN • D
Sponsored 1/14/2026
Del. Norton, Eleanor Holmes [D-DC-At Large]
DC • D
Sponsored 1/14/2026
Rep. Thanedar, Shri [D-MI-13]
MI • D
Sponsored 1/14/2026
Roll Call Votes
No roll call votes available for this bill.
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