Blumenthal & Goldman Introduce Legislation to Protect Against Political Prosecutions

[WASHINGTON, D.C.] – U.S. Senator Richard Blumenthal (D-CT) and U.S. Representative Dan Goldman (D-NY) introduced new legislation to enact guardrails to prevent the Trump Administration and future Administrations from misusing the justice system to target or coerce political opponents.

“Under President Trump, traditions of professionalism at the Department of Justice have been trashed – requiring legislation to prevent weaponization of political revenge. Norms have been subverted and career prosecutors defending the rule of law are fired and replaced by political henchmen,” Blumenthal said. “This legislation installs safeguards— beginning with a right of action against federal officials who engage in malicious prosecution and personal or political targeting. Some of these reforms are sweeping, because the threat we face is broad and unprecedented. There must be accountability for federal officials who use the vast power of prosecution for personal or political ends. These reforms will make our justice system fairer for all Americans.”

“Donald Trump has spent the last year taking a sledgehammer to our democracy and using the Department of Justice as an arm of political revenge,” said Goldman. “It has become clear that the Department of Justice needs additional safeguards to protect its independence from an out-of-control president. I am proud to introduce this legislation with Senator Blumenthal to establish clear guardrails to insulate the Department of Justice from partisan politics. If our Republican colleagues have any respect for our democracy and the rule of law, they will join us.”

Over the last several months, President Trump and the Department of Justice have initiated numerous investigations and prosecutions of Trump’s perceived political enemies, including:

• The Department of Justice opened an investigation into six Democratic lawmakers – all of whom had previously service in the military or as part of the intelligence community – after the members posted a video urging American servicemembers to resist “illegal orders.” This week, a grand jury refused to indict those lawmakers.

• In January, the U.S. Attorney’s office in Washington, DC announced that it had opened a criminal investigation into Federal Reserve Chair Jerome Powell regarding his testimony about the costs of a Washington, DC headquarters renovation. The announcement came after Powell refused to bow to pressure by Trump and the White House to lower interest rates.

• In August, Trump called for the resignation of Federal Reserve Governor Lisa Cook and when she did not accede, purported to fire her. In September, after Cook contested the firing, the Department of Justice announced that it had opened an investigation into alleged mortgage fraud.

• In September, former Federal Bureau of Investigations (FBI) Director James Comey was indicted following an apparent investigation into his role in looking into Russia’s interference in the 2016 election. The indictment occurred only after Trump replaced the non-partisan, career prosecutor supervising the case with one of his own personal attorneys, because the career prosecutor concluded there was insufficient evidence to bring a case. The indictment was dismissed in November.

• Earlier that month, Trump posted on Truth Social, instructing Attorney General Pam Bondi to move forward with cases against U.S. Senator Adam Schiff (D-CA) and New York Attorney General Letitia James, in addition to Comey, saying “[t]hey’re all guilty as hell.”

• The Department of Justice tried – and failed – twice to secure an indictment against James following the dismissal of her initial indictment for mortgage fraud.

The Prohibiting Political Prosecutions Act would:

0. Create a right of action against federal officials—prosecutors, agents, and DOJ, FBI, and other federal law enforcement leadership—who engage in selective or malicious prosecution or investigation based on political or partisan considerations;
1. Enact grand jury reforms, including:
0. Require prosecutors to present exculpatory and impeachment evidence to the Grand Jury;
1. Require disclosure of the grand jury vote tally to the defendant as part of discovery;
2. Strengthen judges’ ability to scrutinize the evidence presented to grand juries and dismiss charges where improper political considerations are credibly alleged;
2. Codify the Justice Manual’s rules on impermissible political considerations in the decision to bring or decline to bring a case;
3. Prohibit prosecutions or investigations being brought to influence or change the target’s political or policy positions;
4. Prohibit direct or indirect White House instructions to the Department of Justice concerning investigative or charging decisions in individual criminal cases;
5. Require federal law enforcement agents and leadership, line prosecutors and U.S. Attorneys to certify under penalty of perjury that:
0. the criminal complaint, information, indictment, search warrant, or arrest warrant did not rely on impermissible political considerations;
1. the criminal complaint, information, indictment, search warrant, or arrest warrant is not being sought to influence or change the target’s political or policy positions;
2. the evidence in support of the criminal complaint, information or indictment is sufficient to prove the defendant’s guilt at trial beyond a reasonable doubt; and
6. Require all DOJ employees to report to the Office of Professional Responsibility and the Office of the Inspector General any instance where partisanship, politics or personal opinions about the target were considered in an investigative or charging decision or when an investigative or charging decision was made to influence or change the target’s political or policy positions and require OPR and OIG to disclose any such reports, including specific communications, to the House and Senate Judiciary Committees.

The legislation is endorsed by Protect Democracy, Citizens for Responsibility and Ethics in Washington (CREW), and Americans Against Government Censorship (AAGC).

“President Trump is shredding the fundamental principle that in America we don’t use the justice system to punish our political opponents. This is what autocrats do to cement their grip on power,” said Justin Vail, Head of the Washington Office at Protect Democracy. “When the vast powers of law enforcement are wielded as a political weapon, it endangers the rule of law for everyone. The Prohibiting Political Prosecutions Act will make critical reforms to help prevent any administration–Democrat or Republican–from injecting partisan politics into the Department of Justice and ensure that all Americans receive fair and equal treatment under the law.”

“The ability to conduct oversight, pursue accountability and engage in debate without fear of retaliation from the president and their administration is a cornerstone of our country's democracy. The increased weaponization of the Department of Justice during President Trump’s second term and the slew of attacks against individuals who disagree with the president is an affront to the core values of our government,” said Debra Perlin, Vice President for Policy at Citizens for Responsibility and Ethics in Washington (CREW). “CREW is proud to endorse the Prohibiting Political Prosecutions Act of 2026, introduced by Senator Blumenthal and Representative Goldman, which would help to establish necessary safeguards to prevent the abuse of our justice system. We strongly urge Congress to pass this important legislation.”

“The Prohibiting Political Prosecutions Act takes critical steps to restore integrity to the Department of Justice by creating meaningful accountability for prosecutors who weaponize criminal investigations against political opponents,” said Cole Leiter, Executive Director of Americans Against Government Censorship. “When presidents direct the DOJ to indict their critics, replace career prosecutors with personal attorneys to pursue baseless cases, and publicly declare opponents 'guilty as hell' before trial, our entire legal system loses legitimacy. The reforms in this bill are essential safeguards that transcend any single administration. No American – whether a sitting US Senator or a citizen peacefully demonstrating on the streets of their community – should face prosecution because they oppose a sitting president, and protecting the rule of law from political corruption should unite legislators across party lines.”

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