This bill would make it illegal for government lawyers or FBI agents to start an investigation or a court case based on someone's political beliefs or activities. It aims to ensure that the justice system treats everyone the same, regardless of which political party they support or what they believe.
Government officials would have to sign a formal statement for every arrest warrant or criminal charge, swearing that they are not targeting the person for political reasons. If an official breaks this rule, the person being investigated could sue that official personally for damages in court.
The President and White House staff would be strictly banned from telling the Department of Justice who to investigate or charge with a crime. This is meant to create a wall between the White House and criminal cases to prevent leaders from using the law to target their rivals.
The bill changes how grand juries work by requiring prosecutors to show evidence that might prove a person is innocent, not just evidence that makes them look guilty. If a judge finds that a case was started for political reasons, they would have the power to throw the case out entirely.
Employees at the Department of Justice and the FBI would be required to report any instances of political bias they see to internal watchdogs. Those watchdogs would then have to share those reports and their findings with Congress within five business days.
Civil RightsCriminal Justice
Milestones
2 milestones2 actions
Feb 12, 2026Senate
Read twice and referred to the Committee on the Judiciary.
Feb 12, 2026
Introduced in Senate
Source Information
Document Type
Congressional Bill
Official Title
Prohibiting Political Prosecutions Act of 2026
Bill NumberS 3874
Congress119th Congress
ChamberSenate
Latest ActionRead twice and referred to the Committee on the Judiciary.
Analysis generated by AI. While we strive for accuracy, this should not be considered legal or professional advice. Always verify information with official government sources.