No Political Enemies Act

Key Points

• The bill bans federal officials, including the president and vice president, from using investigative, regulatory, or enforcement powers to target people for their political speech, criticism, or participation. This covers actions like politically motivated tax audits, criminal investigations, or regulatory enforcement.
• If someone is targeted by the government in a civil or criminal case, they can raise political targeting as an affirmative defense. Once they present substantial evidence, the government must prove by clear and convincing evidence that the case was not motivated by political speech. If the government fails, the court must dismiss the case.
• People and organizations targeted for their political views can sue federal officials for damages, and the bill strips most immunity protections from those officials. The government is generally barred from paying the legal bills of officials found to have acted in bad faith.
• The bill requires the Attorney General to send quarterly reports to Congress about sensitive investigations and enforcement actions, including the reasons cases were started, approved, declined, or closed. Courts must also be notified within 3 business days of certain judicial orders.
• The bill makes it illegal to spend any federal funds on enforcement actions motivated by political speech, adding this prohibition to existing anti-deficiency laws. Anyone harmed by such spending can sue for an injunction in federal court.