US SB3874

S. 3874 - Prohibiting Political Prosecutions Act of 2026

• Government attorneys and investigators are prohibited from considering a person's political associations, activities, or beliefs when deciding whether to prosecute or investigate, and from bringing cases to influence those beliefs.

• Criminal complaints, indictments, and warrant applications must include attestations from covered officials (FBI Director, special agents in charge, U.S. attorneys, line prosecutors) certifying the action is not politically motivated and that evidence supports guilt beyond a reasonable doubt.

• Grand jury reforms require prosecutors to present exculpatory and impeachment evidence to grand juries, and defendants may request the vote tally on each count.

• The President and White House employees are prohibited from instructing the Department of Justice on investigative or charging decisions in individual criminal cases.

• Persons investigated or prosecuted in violation of these provisions may sue the responsible officials personally for damages, and DOJ/FBI employees must report potential violations to the Office of Professional Responsibility and Inspector General within 5 business days.