Federal prosecutors across the United States might soon gain the ability to indict members of Congress without the necessary approval from the Justice Department’s Public Integrity Section. This significant proposal, which was disclosed last week to members of the section, would allow investigators and prosecutors to bypass consultations with section attorneys during crucial phases of probes involving public officials. This proposed change fundamentally alters a long-held guideline in the Justice Department’s manual that governs investigations into elected officials.
If implemented, the alterations would eliminate a vital layer of scrutiny that aims to ensure that prosecutions against public officials are legally justified and free from political bias. Historically, career prosecutors within the Public Integrity Section have played a critical role in overseeing criminal investigations into alleged corruption, such as those involving New York Mayor Eric Adams and former Democratic senator Bob Menendez.
A spokesperson for the Justice Department confirmed the existence of this proposal but noted that no final decisions have been made as of yet. Sources familiar with the proposal have chosen to remain anonymous due to concerns about potential repercussions.
Attorney General Pam Bondi has repeatedly accused the Biden administration of politicizing the Justice Department, insisting on the need to eliminate political influences from the nation’s premier law enforcement body. Since her swearing-in, Bondi has aligned the department closely with the White House, intensifying immigration enforcement and redirecting the civil rights division to focus on cultural issues that extend beyond traditional conservative concerns.
Recently, federal law enforcement officials arrested Newark Mayor Ras Baraka at an immigration facility, leading to charges of trespassing. There are warnings from Trump administration officials that three New Jersey Congress members—each a Democrat—who accompanied Baraka at the facility could face charges as well.
Public corruption cases present intricate challenges and are often difficult to prosecute successfully. The Justice Department has faced setbacks in several high-profile cases, including the failed prosecutions of former Republican senator Ted Stevens of Alaska and former Democratic senator John Edwards of North Carolina. Critics, including former Public Integrity Section attorney Dan Schwager, argue that removing the section from the approval process may empower U.S. attorneys appointed by the president to politicize public corruption cases.
Schwager emphasized, “The reason you have the section is exactly what this administration claims to want, which is to stop politicization,” highlighting the necessity of institutional knowledge and experience in ensuring fair treatment of public officials across the political spectrum.
The Public Integrity Section, often referred to as PIN, is headquartered at the Justice Department in Washington and is responsible for overseeing prosecutions and investigations related to public officials and voting crimes. Established following the Watergate scandal, the section has seen a significant reduction in its size during the Trump administration, dwindling from approximately 30 prosecutors to fewer than five.
Reports indicate that the Justice Department is considering permanently downsizing the Public Integrity Section and granting U.S. attorneys more authority in prosecuting lawmakers. Currently, the 93 U.S. attorney’s offices manage numerous public corruption investigations within their jurisdictions, but the Justice Department manual mandates that PIN must be consulted on crucial investigative steps.
Public corruption cases become even more sensitive as elections approach. The Justice Department’s guidelines stipulate that PIN attorneys must be consulted on nonpublic investigative actions, including subpoenas and search warrants. Moreover, the manual requires PIN attorney approval for charges against Congress members related to their public office or campaign activities, although the attorney general retains final authority on any indictments.
Former PIN attorney Paul Butler noted, “There is still cause for concern. This reflects a shift towards limiting the authority of law enforcement experts in addressing public corruption.”
In summary, the proposed changes to how public integrity investigations are conducted could significantly impact the prosecution of public officials. As the situation develops, the legal community and observers will be closely monitoring the implications of these potential shifts on the integrity of the Justice Department and its oversight of public corruption cases.
