Justice Department Proposal Could Allow Prosecutors to Indict Congress Without Oversight

Changes to Public Integrity Section Oversight Spark Concerns Over Politicization of Lawmaker Prosecutions

The Justice Department is considering a proposal that would allow federal prosecutors to indict members of Congress without approval from the Public Integrity Section (PIN), according to three sources familiar with the matter. The change would also remove the requirement for prosecutors to consult PIN attorneys during key stages of investigations into public officials, altering long-standing guidelines in the Justice Department’s manual.

Currently, PIN, based in Washington, oversees public corruption and voting-related cases, providing a layer of review to ensure investigations are legally sound and free from political influence. The section, established post-Watergate, has historically been involved in high-profile cases, such as those against New York Mayor Eric Adams and former Senator Bob Menendez. However, the proposal could shift more authority to U.S. attorneys, potentially increasing the risk of politically motivated prosecutions, as noted by Dan Schwager, a former PIN attorney. A Justice Department spokesperson confirmed the proposal but stated no final decisions have been made.

The Trump administration has significantly reduced PIN’s capacity, shrinking its staff from around 30 prosecutors at the end of the Biden administration to fewer than five today, with resignations and reassignments following disagreements with Trump officials. Attorney General Pam Bondi has aligned the Justice Department more closely with the White House, focusing on immigration enforcement and reorienting the civil rights division. This shift has raised concerns about the politicization of law enforcement, exemplified by the recent arrest of Newark Mayor Ras Baraka for trespassing at an immigration facility, with potential charges looming for three New Jersey Congress members present at the same event.

Public corruption cases are complex and often challenging to prosecute, with the Justice Department historically losing high-profile cases like those against former Senators Ted Stevens and John Edwards. The proposed changes could further complicate ensuring impartiality, as PIN’s role has been to provide institutional knowledge and consistency in handling such cases. Critics argue that removing PIN’s oversight undermines the goal of depoliticizing the Justice Department, especially given the section’s mandate to maintain fairness in investigations, particularly around elections.

This story originally appeared on Washington Post