H.R. 7575 — Prohibiting Political Prosecutions Act of 2026

This section establishes 28 U.S.C. §530E prohibiting Department of Justice attorneys and investigators from considering a person's political or policy associations, activities, or beliefs—or from commencing or recommending prosecution or investigation to influence or change such associations, activities, or beliefs—in determining whether to pursue charges. It requires each criminal complaint, information, indictment, and application for a search or arrest warrant to include an attestation by an applicable covered individual (i.e., FBI Director, special agent in charge, section chief, or agent if FBI-involved; agency head or agent otherwise; U.S. attorney or line prosecutor) that (1) the action is not based on the target's political associations, activities, or beliefs; (2) the action is not intended to influence or change such associations, activities, or beliefs; and (3) for complaints, informations, or indictments, the evidence suffices to prove guilt beyond a reasonable doubt. The section preserves the Attorney General's authority to issue prosecutorial guidelines, including on other impermissible considerations, and authorizes any person investigated or prosecuted in violation of these provisions to bring a civil damages action against a covered individual in their personal capacity. It also makes a conforming amendment to the table of sections for 28 U.S.C. ch. 31.

This section amends Rule 6 of the Federal Rules of Criminal Procedure to require the government to inform grand juries of (1) the nature and existence of any exculpatory evidence of which it is aware and (2) any witness statement, report, communication, or recording in its possession that may impeach the witness's grand jury testimony. It further amends Rule 16(a)(1) to require the government, upon a defendant's request, to disclose the grand jury vote tally for each count (i.e., the number of grand jurors who voted to indict and the number present for the vote). It also amends Rule 48 to authorize a defendant to move for dismissal of an indictment upon alleging political motivation in the prosecution, with the court required to conduct an in camera review of grand jury minutes to determine if (1) evidence established probable cause for each offense element, (2) no impermissible references were made to the defendant's political or policy associations, activities, or beliefs, (3) all known exculpatory evidence was disclosed to the grand jury, and (4) all known witness impeachment information was disclosed to the grand jury; if deficiencies are found, the court must dismiss all or part of the indictment, and the government may re-present the case to a new grand jury only upon court findings that the prosecution lacks political motivation.

This section establishes new 28 U.S.C. §530F to prohibit the President and White House employees from directly or indirectly instructing the Department of Justice on investigative or charging decisions in individual criminal cases and to prohibit DOJ employees from considering such instructions.

This section amends 28 U.S.C. 530B (which subjects Department of Justice attorneys to state and local rules governing attorneys) by redesignating subsection (c) as subsection (d) and inserting new subsection (c) requiring (1) all Department of Justice (DOJ) and Federal Bureau of Investigation (FBI) employees to report to the DOJ Office of Professional Responsibility (OPR) and Office of the Inspector General (OIG) any instance in which the political or policy associations, activities, or beliefs of a target were considered in an investigation or charging decision or an investigation or charging decision was made to influence or change such associations, activities, or beliefs; (2) the OPR director and OIG to disclose to each appropriate congressional committee any related communication or complaint received alleging such considerations in prosecutorial decisions; (3) such disclosures to include the specific communication or complaint, investigative steps taken, and findings (if any), to be confidential notwithstanding the Privacy Act (5 U.S.C. 552a), and to be made no later than 5 business days after issuance of findings or conclusion of the investigation if none are issued; and (4) OPR and OIG to investigate all such communications or complaints, commencing no later than 5 business days after receipt and completing no later than 1 month after receipt. (Thus, the provision imposes mandatory internal reporting, expedited investigations, and prompt confidential congressional notifications to promote oversight of potential political bias in DOJ and FBI enforcement actions.)

This section provides a severability clause stating that if any provision of the Act or its amendments, or its application to any person or circumstance, is held unconstitutional, the remainder of the Act, its amendments, and their applications remain unaffected.