Department of Justice attorneys, agents and investigators may not undertake political investigations or prosecutions
This report features Government Accountability Project and was originally published here.
President Trump has spent years calling for the Department of Justice and FBI to go after his political enemies, with investigations and even criminal charges. As his second term begins, DOJ and FBI staff may face significant pressure from the White House and the attorney general or FBI director to participate in political investigations or drop valid cases. Such actions may violate the Constitution and statutes like the Hatch Act and the Civil Service Reform Act, while also contravening longstanding (post-Watergate) DOJ policy protecting its independence. Below, we outline the laws that may be implicated, duties and options for reporting misconduct or unlawful orders, and then provide additional resources that may be useful.
Political prosecution occurs when DOJ or FBI staff participate in an investigation or prosecute a person or matter for political purposes. There are significant guardrails against unjust or selective prosecution, and the Supreme Court has repeatedly held that federal investigations and prosecutions must be impartially executed and the First, Fourth, Fifth, and Fourteenth Amendments prohibit targeting individuals based on animus or bias or due to their individual characteristics or views, including political views. DOJ employees should refuse to...
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