,,ii  #aaith ,,congress  #b;d ,session  
,s4 #chgd  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,february #ab1 
#bjbf,mr4 ,blumenthal introduced the    
following bill2 which was read twice and
 referred to the ,committee on the      
,judiciary  ,a ,,bill  ,to amend title  
#bh1 ,united ,states ,code1 to prohibit 
attorneys for the ,government from being
 influenced by the political            
association1 activities1 or beliefs of a
 person in determining whether to       
commence or recommend prosecution or    
take other action against the person4   
#a4 ,short title ,this ,act may be cited
 as the ,prohibiting ,political         
,prosecutions ,act of #bjbf4  #b4       
,impermissible considerations for       
initiating or declining charges and     
right of action  7a7 ,in general        
,chapter #ca of title #bh1 ,united      
,states ,code1 is amended by adding at  
the end the following3  #ecj;,e4        
,impermissible considerations for       
initiating or declining charges and     

right of action  7a7 ,definition ,in    
this section1 the term applicable       
covered individual means-- 7#a7 if the  
investigation involved the ,federal     
,bureau of ,investigation1 the ,director
 of the ,federal ,bureau of             
,investigation1 a special agent in      
charge1 a section chief1 and an agent of
 the ,federal ,bureau of ,investigation2
  7#b7 if the investigation involved an 
agency other than the ,federal ,bureau  
of ,investigation1 the head of the      
agency and an agent of the agency2 and  
7#c7 a ,united ,states attorney and a   
line prosecutor4  7b7 ,impermissible    
considerations  7#a7 ,in general ,in    
determining whether to commence or      
recommend prosecution or investigation  
an attorney or investigator for the     
,government shall not consider the      
political or policy associations1       
activities1 or beliefs of the person4   
,an attorney or investigator for the    
,government shall not commence or       
recommend prosecution or investigation  

against a person in order to influence  
or change1 in any way1 the political or 
policy associations1 activities1 or     
beliefs of the person4  7#b7            
,applications ,each criminal complaint1 
information1 indictment1 and application
 for a search warrant or arrest warrant 
shall include an attestation by the     
applicable covered individual that--    
7,a7 the covered individual is not aware
 that the criminal complaint1           
information1 indictment1 search warrant1
 or arrest warrant1 as applicable1 is   
being sought because of the political   
association1 activities1 or beliefs of  
the person subject to the warrant or a  
defendant named in the indictment2  7,b7
 the covered individual is not aware    
that the criminal complaint1            
information1 indictment1 search warrant1
 or arrest warrant1 as applicable1 is   
being sought in order to influence or   
change1 in any way1 the political or    
policy associations1 activities1 or     
beliefs of the person subject to the    

warrant or a defendant named in the     
indictment2 and  7,c7 in the case of a  
criminal complaint1 information1 or     
indictment1 the covered individual      
believes the evidence in support of the 
indictment is sufficient to prove the   
guilt of the defendant at trial beyond a
 reasonable doubt4  7#c7 ,rule of       
construction ,nothing in paragraph 7#a7 
may be construed to limit the authority 
of the ,attorney ,general-- 7,a7 to     
establish prosecutorial and other       
guidelines for personnel of the         
,department of ,justice2  7,b7 to       
displace any additional provisions of   
the ,justice ,manual2 or  7,c7 to       
exclude by implication any other        
consideration the ,attorney ,general    
determines is impermissible in          
determining whether to commence or      
recommend prosecution or take other     
action against a person4  7c7 ,right of 
action ,any person investigated or      
prosecuted following a violation of this
 section may bring a civil action in an 

appropriate court of the ,united ,states
 for damages against any applicable     
covered individual in their individual  
capacity4  4  7b7 ,technical and        
conforming amendment ,the table of      
sections for chapter #ca1 ,united       
,states ,code1 is amended by adding at  
the end the following3  #ecj;,e4        
,impermissible considerations for       
initiating or declining charges and     
right of action4  4  #c4 ,grand jury    
reforms  7a7 ,in general ,rule #f of the
 ,federal ,rules of ,criminal ,procedure
 is amended by adding at the end the    
following3  7j7 ,presentation of        
exculpatory information ,if the         
government is aware of exculpatory      
evidence1 the government shall inform   
the grand jury of its nature and        
existence4  7k7 ,presentation of        
impeachment information ,the government 
shall inform the grand jury of any      
statement1 report1 communication1 or    
recording in the possession of the      
government made by1 or including1 a     

witness who testified before the grand  
jury that may impeach the credibility of
 the testimony of the witness4  4  7b7  
,discovery and inspection ,rule         
#af7;a77#a7 of the ,federal ,rules of   
,criminal ,procedure is amended-- 7#a7  
by redesignating subparagraph 7,g7 as   
subparagraph 7,h72 and  7#b7 by         
inserting after subparagraph 7,f7 the   
following3  7,g7 ,grand jury vote tally 
,upon a defendant's request1 the        
government must furnish the defendant   
with the number of grand jurors who     
voted to indict on each count and the   
number of grand jurors present for the  
vote4  4  7c7 ,dismissal ,rule #dh of   
the ,federal ,rules of ,criminal        
,procedure is amended by adding at the  
end the following3  7c7 ,for political  
reasons  7#a7 ,in general ,upon a motion
 by the defendant alleging that         
substantial grounds exist to believe    
that the political or policy            
associations1 activities1 or beliefs of 
the defendant were considered in        

bringing the prosecution or that the    
prosecution was sought in order to      
influence or change1 in any way1 the    
political or policy association1        
activities1 or beliefs of the defendant 
and requesting dismissal of all or part 
of the indictment and inspection of     
grand jury minutes1 the judge shall     
review the grand jury minutes in camera1
 including whether-- 7,a7 the government
 provided the grand jury with sufficient
 evidence to prove by probable cause    
that the defendant committed each       
element of the crime2  7,b7 the evidence
 presented to the grand jury was without
 impermissible reference to the         
political or policy associations1       
activities1 or beliefs of the defendant2
  7,c7 the government informed the grand
 jury of the nature and existence of all
 exculpatory evidence of which the      
government was aware2 and  7,d7 the     
government informed the grand jury of   
any statement1 report1 communication1 or
 recording in the possession of the     

government made by a witness who        
testified before the grand jury that may
 impeach the credibility of the grand   
jury testimony of the witness4  7#b7    
,dismissal of all or part of the        
indictment  7,a7 ,determination ,if the 
court determines that evidence presented
 to the grand jury impermissibly related
 to the political or policy             
associations1 activities or beliefs of  
the defendant1 or that the evidence was 
not sufficient to prove probable cause  
for each element of the offense1 the    
court shall dismiss all or part of the  
indictment1 as applicable4  7,b7        
,re-presentation ,if the court dismisses
 all or part of an indictment under this
 paragraph1 the government may          
re-present a case to a different grand  
jury only if the government first files 
a motion providing1 and the court first 
finds1 substantial grounds to believe   
that the political or policy            
associations1 activities1 or beliefs of 
the target were not considered in       

bringing the prosecution and that the   
prosecution is not being sought in order
 to influence or change1 in any way1 the
 political or policy association1       
activities1 or beliefs of the defendant4
  4  #d4 ,prohibition on ,white ,house  
influence  7a7 ,in general ,chapter #ca 
of title #bh1 ,united ,states ,code1 as 
amended by section #b of this ,act1 is  
amended by adding at the end the        
following3  #ecj;,f4 ,impermissible     
influence  7a7 ,in general ,no          
,president or any employee of the ,white
 ,house shall directly or indirectly    
instruct the ,department of ,justice    
concerning investigative or charging    
decisions in individual criminal cases4 
7b7 ,no consideration ,no ,department of
 ,justice employee may consider direct  
or indirect instructions from the       
,president or any ,white ,house employee
 when making investigative or charging  
decisions in individual criminal cases4 
4  7b7 ,technical and conforming        
amendment ,the table of sections for    

chapter #ca1 ,united ,states ,code1 as  
amended by section #b of this ,act1 is  
amended by adding at the end the        
following3  #ecj;,f4 ,impermissible     
influence4  4  #e4 ,reporting  7a7 ,in  
general ,section #ecj;,b of title #bh1  
,united ,states ,code1 is amended-- 7#a7
 by redesignating subsection 7c7 as     
subsection 7d72 and  7#b7 by inserting  
after subsection 7b7 the following3  7c7
 7#a7 ,all employees of the ,department 
of ,justice and ,federal ,bureau of     
,investigation shall report to the      
,office of ,professional ,responsibility
 of the ,department of ,justice and the 
,office of the ,inspector ,general of   
the ,department of ,justice any instance
 where the political or policy          
associations1 activities1 or beliefs of 
the target were considered in any       
investigation or charging decision or   
when an investigation or charging       
decision was made in order to influence 
or change1 in any way1 the political or 
policy association1 activities1 or      

beliefs of the target4  7#b7 ,the       
,director of the ,office of             
,professional ,responsibility of the    
,department of ,justice and the         
,inspector ,general of the ,department  
of ,justice shall disclose to each      
appropriate congressional committee any 
communication or complaint received by  
the ,office of the ,inspector ,general  
relating to an allegation that1 in      
determining whether to commence or      
recommend prosecution or take other     
action against a person1 the political  
or policy associations1 activities1 or  
beliefs of the person were considered or
 a decision was made in order to        
influence or change1 in any way1 the    
political or policy association1        
activities1 or beliefs of the person4   
7#c7 ,any disclosure made under         
paragraph 7#b7 shall-- 7,a7 include--   
7i7 the specific communication or       
complaint received by the ,office of    
,professional ,responsibility or ,office
 of the ,inspector ,general2  7ii7 the  

investigative steps the ,office of      
,professional ,responsibility or ,office
 of the ,inspector ,general took in     
response to the allegation2 and  7iii7  
any findings of the ,office of          
,professional ,responsibility or ,office
 of the ,inspector ,general2  7,b7      
notwithstanding section #eeb;a of title 
#e1 be confidential and not subject to  
disclosure2 and  7,c7 be made not later 
than #e business days after the issuance
 of any findings or1 if no findings are 
issued1 be made no later than #e        
business days after the conclusion of   
the investigation4  7#d7 ,the ,office of
 ,professional ,responsibility of the   
,department of ,justice and the ,office 
of the ,inspector ,general of the       
,department of ,justice shall           
investigate all communications and      
complaints relating to an allegation    
that1 in determining whether to commence
 or recommend prosecution or take other 
action against a person1 the political  
association1 activities1 or beliefs of  

the person were considered or a decision
 was made in order to influence or      
change1 in any way1 the political or    
policy associations1 activities1 or     
beliefs of the person4 ,such            
investigations shall be commenced not   
later than #e business days after the   
initial receipt of the communication or 
complaint and shall be completed not    
later than #a month after such receipt4 
4  #f4 ,severability ,if any provision  
of this ,act1 an amendment made by this 
,act1 or the application of such        
provision or amendment to any person or 
circumstance is held to be              
unconstitutional1 the remainder of this 
,act1 the amendments made by this ,act1 
and the application of the provisions of
 such to any person or circumstance     
shall not be affected thereby4