Prohibiting Political Prosecutions Act of 2026

The "Prohibiting Political Prosecutions Act of 2026" seeks to amend title 28 of the U.S. Code to prevent political considerations from influencing federal criminal investigations and prosecutions. It explicitly prohibits government attorneys and investigators from considering a person's political or policy associations, activities, or beliefs when determining whether to commence or recommend prosecution or investigation. Furthermore, it mandates that criminal complaints, indictments, and warrant applications include an attestation from covered individuals that political factors were not considered and that the prosecution is not intended to influence a person's political views. Any person investigated or prosecuted in violation of these provisions would gain a civil right of action for damages against the responsible government individuals. The bill also introduces significant grand jury reforms to enhance fairness and transparency. These reforms require the government to inform the grand jury of any exculpatory evidence and information that could impeach a witness's credibility. Additionally, defendants would be entitled to know the grand jury vote tally, and courts would be empowered to dismiss indictments if political considerations are found to have influenced the prosecution or if evidence was insufficient. Finally, the legislation explicitly prohibits the President or any White House employee from directly or indirectly instructing the Department of Justice on investigative or charging decisions in individual criminal cases, and requires DOJ and FBI employees to report instances of political influence to internal oversight bodies.