Selective prosecution
Selective prosecution is the use of charging or non-charging decisions to advantage political allies and disadvantage political opponents. The hallmark is a divergence between conduct and outcome: identical or similar conduct produces aggressive charges when committed by disfavored individuals and no charges when committed by favored ones. Concrete forms include the opening of grand jury investigations against political opponents based on thin evidence, the indictment of low-level associates as pressure on principals, and the public announcement of charging decisions timed to political effect. Prosecutorial discretion is legitimate; selective prosecution is what happens when discretion is applied based on whose side the target is on.
2026 Events (22)
Trump DOJ obtained court vacatur of Oath Keepers leaders' January 6 seditious conspiracy convictions
On August 4, 2026, at the U.S. Department of Justice's request, U.S. District Judge Amit Mehta granted a motion to dismiss and vacate the January 6 seditious-conspiracy convictions of eight Oath Keepers members, including founder Stewart Rhodes. In a written order, Mehta said the government offered no legal or factual justification for dismissal and that granting it was not in the public interest, but concluded he had no authority to deny the motion. The vacatur went beyond Trump's January 2025 clemency, which had commuted or pardoned the defendants' sentences but left their jury convictions on the record.
Los Angeles County DA charged LAPD officer with 16 felony counts for recording colleagues' racist, sexist and homophobic remarks
The Los Angeles County District Attorney's office charged LAPD officer Daniel Flores on July 31, 2026 with 16 felony counts of illegal eavesdropping for secretly recording 16 colleagues -- 122 recordings in all -- who made racist, sexist, and homophobic remarks, evidence he submitted to LAPD's Internal Affairs Division and the Los Angeles Police Commission. Flores faced up to 13 years in prison under the felony charges. On August 20, 2026, amid public criticism that the prosecution would chill future whistleblowers, the DA's office reduced the charges to misdemeanors and did not oppose a request for judicial diversion.
Trump DOJ obtained court vacatur of Proud Boys leaders' January 6 seditious conspiracy convictions
On July 10, 2026, at the U.S. Department of Justice's request, U.S. District Judge Timothy Kelly granted a motion to dismiss and vacate the convictions of four Proud Boys members tied to the January 6, 2021, attack on the U.S. Capitol, including the seditious-conspiracy convictions of leaders Ethan Nordean, Joseph Biggs, and Zachary Rehl. In a written memorandum Kelly said the government's request was not based on the facts or the law but concluded he was bound to grant it. The vacatur formally erased jury verdicts that the January 2025 presidential clemency had left intact.
DOJ indicted former Olympian David Hearn on felony charge for touching Reflecting Pool liner, serving Trump's vandalism narrative
On July 2, 2026, a federal grand jury indicted former U.S. Olympic canoeist David Hearn, 67, on a felony destruction of government property charge after he was arrested on June 19 for reaching into the Lincoln Memorial Reflecting Pool to feel a partially detached piece of the blue liner installed during Trump's $14.7 million renovation. U.S. Attorney for the District of Columbia Jeanine Pirro announced the felony charge at a press conference, claiming Hearn had "forcefully and violently" pulled up the liner, a characterization Hearn and his lawyers disputed. The felony charge carries a maximum sentence of ten years in prison; Hearn's attorneys called it "outrageous" and "a misuse of government power" designed to provide political cover for the administration's renovation failure.
Federal prosecutors secured 30–100 year sentences for eight Prairieland Nine protesters on domestic terrorism charges
On June 23, 2026, federal judges Mark Pittman and Reed O'Connor sentenced eight defendants in the Prairieland Nine case to prison terms ranging from 30 to 100 years in Fort Worth, Texas, for a combined total of 450 years. The sentences followed a March 13, 2026 jury conviction on charges including providing material support for terrorism under the NSPM-7 domestic terrorism framework, stemming from a July 4, 2025 protest outside the Prairieland ICE detention facility in Alvarado, Texas. Benjamin Song, who fired a handgun that wounded an Alvarado police officer, received the longest sentence of 100 years; the remaining seven defendants received 30–70 years for conduct prosecutors characterized as terrorism, including wearing black clothing, using encrypted messaging, and distributing antifascist literature. On July 1 and July 6, 2026, the same judges sentenced eight additional co-defendants in the same prosecution — including a ninth trial defendant and seven who pleaded guilty — bringing the cumulative total across all Prairieland-related defendants to approximately 562 years.
U.S. Attorney charges 15 Minnesota anti-ICE protesters as 'antifa,' invoking Trump's domestic-terrorist executive order
On June 16, 2026, U.S. Attorney Daniel Rosen and HSI Special Agent in Charge Michael McCarthy announced federal conspiracy charges against 15 members of Direct Action Minnesota (DAMN), framing them as "antifa" and explicitly tying the case to President Trump's September 2025 executive order designating antifa a domestic-terrorist organization. The lead charge — conspiracy to impede or injure a federal officer — rested substantially on protest-organizing conduct including Signal communications, training sessions, and surveillance of federal vehicles. The announcement came days after DOJ dropped more than a third of its earlier Metro Surge assault cases for prosecutorial misconduct, with one judge barring re-prosecution to prevent "prosecutorial harassment."
DOJ charged eight U-Michigan divestment activists with 20-year federal felonies a year after state charges against the movement were dropped
On June 10, 2026, federal prosecutors in the Eastern District of Michigan unsealed a 63-page indictment charging eight pro-Palestinian activists tied to the University of Michigan divestment movement with conspiracy to transmit a threat, conspiracy to tamper with a witness, and destruction of property to prevent seizure — felonies carrying five to twenty years. The charges, announced alongside FBI raids in Ypsilanti, describe a 2024–2025 intimidation campaign: vandalism and graffiti at the homes of the U-M provost and regents, the placement of fake bloody corpses on a board member's lawn, and the defacing of the Jewish Federation of Detroit. The case followed the collapse of an earlier, separate state prosecution: charges Attorney General Dana Nessel brought against U-M encampment protesters in 2024 were all dropped by May 2025. Civil-rights groups say the federal charges treat political advocacy as terrorism and blur protected speech with criminal conduct.
DOJ shut down criminal Clean Water Act probe of Sen. Jim Justice's coal companies
ProPublica reported that the Justice Department's Office of the Deputy Attorney General, then headed by now–Acting Attorney General Todd Blanche, shut down a career-initiated federal criminal investigation into potential Clean Water Act violations by the coal empire of Sen. Jim Justice (R-WV), a close Trump ally. Prosecutors with the EPA, DOJ's Environmental Crimes Section, and the Western District of Virginia believed they had a strong case and were litigating subpoenas when they were told "pencils down." DOJ said the case was not consistent with the administration's priorities and should be resolved civilly; former prosecutors called top-level intervention to quash an early-stage criminal case highly unusual.
VP JD Vance refers Gov. Tim Walz and AG Keith Ellison to DOJ for criminal fraud investigation
Vice President JD Vance announced on June 8, 2026, that he was referring Minnesota Gov. Tim Walz and state Attorney General Keith Ellison — both Democrats — to the Justice Department for a criminal fraud investigation. Vance said the referral followed a Republican-led House Oversight Committee report and letter alleging the officials knew of fraud in federally funded social programs and failed to act. Ellison called it "a political stunt from an administration that uses the machinery of government to target its perceived opponents."
Southern Poverty Law Center moves to dismiss DOJ fraud indictment as vindictive prosecution
On May 26, 2026, the Southern Poverty Law Center filed a motion in the U.S. District Court for the Middle District of Alabama asking a federal judge to dismiss as vindictive prosecution the 11-count indictment the Justice Department obtained against it in April 2026 on wire-fraud, false-statement, and money-laundering charges. The motion documents a sustained pattern of public hostility from President Trump and senior officials toward the civil-rights group — including Trump branding it "one of the greatest political scams in American History" — and notes the FBI and IRS reviewed the same conduct in 2019-2020 without seeking charges, only for the case to be reopened after SPLC became a frequent target of the administration. The court has not yet ruled on the motion.
DOJ files its second 2026 antisemitism lawsuit against UCLA
On May 26, 2026, the U.S. Department of Justice sued the University of California for the second time in 2026, alleging UCLA was "deliberately indifferent" to Jewish and Israeli students during pro-Palestinian encampment protests in spring 2024, in violation of Title VI. The administration had earlier sought more than $1 billion in fines against the university before a federal judge intervened, and several DOJ attorneys have resigned from the underlying investigation, telling reporters the case was "fraudulent," a "sham," and driven by pressure to "find" evidence against UCLA.
Judge dismisses DOJ human-smuggling case against Abrego Garcia as vindictive prosecution
On May 22, 2026, U.S. District Judge Waverly Crenshaw of the Middle District of Tennessee dismissed the federal human-smuggling indictment against Kilmar Abrego Garcia, granting his motion to dismiss for selective or vindictive prosecution. The judge found the Justice Department failed to rebut the "presumption of vindictiveness," writing that the evidence "sadly reflects an abuse of prosecuting power" and that, absent Abrego Garcia's successful court challenge to his wrongful deportation to El Salvador, the government would not have brought the case. The Justice Department said the ruling was "wrong and dangerous" and that it will appeal.
Federal prosecutors drop all charges against Chicago 'Broadview Six' over grand jury misconduct
On May 21, 2026, the U.S. Attorney for the Northern District of Illinois moved in open court to dismiss with prejudice all remaining charges against the "Broadview Six" — protesters criminally charged over a September 2025 demonstration outside the Broadview ICE facility — after his office acknowledged misconduct in the grand jury proceedings that produced the indictment. Defense counsel said the transcripts showed prosecutors improperly vouched for evidence, concealed that an initial grand jury had refused to indict, re-presented the case after excluding grand jurors who disagreed, and redacted transcript pages without telling the court. U.S. District Judge April Perry, who reviewed the transcripts, said she had never in her career seen prosecutorial conduct as bad, and signaled a possible separate hearing on sanctions.
DOJ in Puerto Rico halted drugs-for-votes election-fraud probe after Trump win
On May 5, 2026, ProPublica disclosed that in November 2024 — days after Donald Trump won the presidency and Jenniffer González-Colón clinched Puerto Rico's governorship — supervisors at the U.S. Attorney's Office for the District of Puerto Rico ordered line prosecutors to drop voting-fraud counts and all charges against prison staff from a built-out drugs-for-votes indictment, and after Trump took office told them to abandon the probe of any campaign ties entirely. The pulled charges arose from evidence that the Los Tiburones prison gang traded drugs for inmate votes for González-Colón in 2024 and that the candidate had communicated with a gang leader on WhatsApp during the primary. In the weeks that followed, Puerto Rico's resident commissioner and four U.S. House Democrats publicly called for a DOJ Inspector General and congressional investigation; González-Colón has denied wrongdoing and has not been charged.
Federal grand jury indicts ex-FBI Director James Comey a second time over '86 47' post
A federal grand jury in the Eastern District of North Carolina indicted former FBI Director James Comey on April 28, 2026, on two counts arising from a May 2025 Instagram post of seashells arranged to read "86 47," which the Justice Department casts as a death threat against President Trump. The charges follow the 2025 collapse of an earlier DOJ case against Comey and the dismissal weeks earlier of Attorney General Pam Bondi, whom Trump faulted for not pursuing his agenda aggressively enough.
Georgia Attorney General's office indicted three Stop Cop City activists 47 months after a 2022 protest
On April 23, 2026, prosecutors in Georgia Attorney General Chris Carr's office obtained a Cobb County grand jury indictment against three Stop Cop City activists known as the 'Cobb County 3' over conduct from a May 2022 protest, 47 months earlier. In court, prosecutors acknowledged they pursued the Cobb County charges only after Carr's Fulton County racketeering case over the same conduct was dismissed in December 2025.
DOJ indicts Southern Poverty Law Center on 11 counts of fraud over $3M informant payments
On April 21, 2026, a federal grand jury in Montgomery, Alabama returned an 11-count indictment against the Southern Poverty Law Center, charging the 55-year-old civil-rights organization with wire fraud, false statements to a federally insured bank, and conspiracy to commit concealment money laundering over a covert program in which the SPLC says it paid confidential sources to infiltrate violent extremist groups. The indictment came after the FBI under Director Kash Patel had severed its long-running relationship with the SPLC, and amid publicly expressed presidential pressure on the Justice Department to pursue prosecutions of political opponents. SPLC interim CEO Bryan Fair said the organization was "targeted" by the administration and that its informant work "saved lives."
DOJ removes career federal prosecutor leading the Brennan investigation after she resisted bringing charges career staff judged unsupported
On April 17, 2026, the U.S. Department of Justice removed Maria Medetis Long — the career federal prosecutor heading the national-security section at the U.S. Attorney's Office in Miami and leading the federal criminal investigation of former CIA Director John Brennan — after she resisted pressure from senior DOJ leadership to file charges career prosecutors had told the Department the evidence did not support. U.S. Attorney Jason Reding Quiñones had earlier told DOJ leadership that charges could still be months away. Acting Attorney General Todd Blanche, seeking to retain the job after President Trump fired Attorney General Pam Bondi earlier in April over dissatisfaction at the slow pace of cases against Trump's political adversaries, has been pressing to deliver indictments on the president's priority targets.
Bill Pulte issued two new criminal referrals against NY AG Letitia James after prior indictment was dismissed and two grand juries declined
On March 25, 2026, HUD Secretary and FHFA Director Bill Pulte issued two new criminal referrals to the DOJ targeting New York Attorney General Letitia James, alleging suspected homeowners insurance fraud tied to insurance applications in Florida and Illinois. The referrals were routed to the U.S. Attorney's Office for the Southern District of Florida and the U.S. Attorney's Office for the Northern District of Illinois — different venues from earlier referrals that produced an indictment a court dismissed and two successive grand jury declines. James's attorneys characterized the action as part of a continuing "revenge campaign" by officials "frustrated by repeated failures, where judges and grand juries have rejected their attempts."
DOJ dropped Ticketmaster breakup demand, settled Live Nation antitrust case mid-trial; Trump had personally called CEO Rapino before deal
On March 9, 2026, the U.S. Department of Justice reached a surprise mid-trial settlement with Live Nation Entertainment, abandoning its demand for Ticketmaster's divestiture and accepting structural remedies that included a fee cap and a $280 million fund — far short of the breakup the Biden-era DOJ had sought. The settlement was announced while the antitrust trial was underway in New York and blindsided the judge and the DOJ's own trial team. A court filing disclosed June 24, 2026 documented that President Trump had personally spoken with Live Nation CEO Michael Rapino before the settlement was reached, and that Live Nation had hired Trump allies during the same period.
DOJ sought grand jury indictment of six lawmakers over anti-illegal-orders video; grand jury rejected the case
On February 10, 2026, attorneys from the office of Jeanine Pirro, the Trump-appointed U.S. Attorney for the District of Columbia, presented a criminal case to a federal grand jury seeking to indict six Democratic members of Congress — Sens. Mark Kelly and Elissa Slotkin and Reps. Jason Crow, Maggie Goodlander, Chris Deluzio, and Chrissy Houlahan — over a November 2025 social media video reminding military and intelligence personnel of their duty to refuse illegal orders. The grand jury declined to find probable cause, rejecting the indictment; no career federal prosecutors were involved in bringing the case. The attempt followed President Trump's public accusations that the lawmakers had committed "seditious" acts "punishable by death," and came about two months after an FBI counterterrorism inquiry into the same six lawmakers over the same video.
DOJ moved to dismiss Steve Bannon's Jan. 6 contempt-of-Congress conviction, seeking to erase it rather than pardon him
On February 9, 2026, the Justice Department — through U.S. Attorney Jeanine Pirro's filing, publicly backed by Deputy Attorney General Todd Blanche — asked both the federal district court and the Supreme Court to dismiss Steve Bannon's 2022 contempt-of-Congress conviction with prejudice, stating only that "dismissal of this criminal case is in the interests of justice." Bannon had already served his four-month sentence for defying a Jan. 6 committee subpoena; the filing sought to erase the conviction itself rather than secure a pardon.
2025 Events (6)
AG Bondi ordered FBI to compile list of Americans by political viewpoint
Attorney General Pam Bondi issued a Justice Department memo ordering the FBI to compile a list of Americans and groups engaged in acts constituting "domestic terrorism." The memo targeted individuals expressing opposition to immigration enforcement, support for mass migration and open borders, and adherence to radical gender ideology. Bondi directed the FBI to establish a cash reward system for informants and retroactively investigate conduct from the past five years.
DOJ indicts former national security adviser Bolton on 18 classified-document counts; third Trump adversary charged in a month
A federal grand jury in Maryland indicted former National Security Adviser John Bolton on October 16, 2025, on 18 counts of mishandling classified national defense information — eight counts of transmitting and ten counts of unlawfully retaining material emailed via personal accounts without security clearances. Bolton became the third prominent Trump critic charged within roughly three weeks, following former FBI Director James Comey (September 25) and New York Attorney General Letitia James. The Biden-era Justice Department had previously reviewed the same conduct and declined to bring charges.
Trump publicly demands removal of EDVA U.S. attorney Siebert, who refused to indict Letitia James; Siebert resigns
President Trump publicly stated on September 19, 2025 that he wanted Erik Siebert, the top federal prosecutor for the Eastern District of Virginia, removed from his post; Siebert confirmed his resignation the same day. Siebert had reportedly informed senior Justice Department officials that he found insufficient evidence to charge New York Attorney General Letitia James — a Democrat who had successfully prosecuted Trump for civil fraud — with mortgage fraud. His top deputy, First Assistant Maya Song, also departed, and James was subsequently indicted on October 9, 2025, after new leadership took over.
DOJ criminally charged Rep. LaMonica McIver over her congressional oversight visit to an ICE detention facility
On June 10, 2025, then-interim U.S. Attorney for New Jersey Alina Habba announced a three-count federal criminal complaint charging U.S. Rep. LaMonica McIver (D-NJ) with forcibly impeding and interfering with federal officers during a May 9, 2025 congressional oversight visit to the Delaney Hall ICE detention facility in Newark, New Jersey. A federal grand jury indicted McIver the next day; prosecutors allege she struck and grabbed a Homeland Security Investigations agent and pushed past an ICE deportation officer while lawmakers moved to prevent Newark Mayor Ras Baraka's arrest inside the facility. McIver has pleaded not guilty and calls the prosecution political retaliation for her legislative oversight role.
DOJ criminally charged sitting Milwaukee judge Hannah Dugan with obstructing ICE arrest in her courtroom
The Justice Department on April 25, 2025 filed federal criminal charges against sitting Milwaukee County Circuit Court Judge Hannah Dugan, accusing her of obstructing ICE agents who sought to arrest a defendant, Eduardo Flores-Ruiz, following his hearing in her courtroom. Dugan was later convicted by a federal jury and, on July 8, 2026, sentenced to a $5,000 fine with no prison time.
CBP agents denied Samuel Tunick a lawyer during a warrantless, pretextual border search targeting his Stop Cop City activism
On January 24, 2025, U.S. Customs and Border Protection agents pulled Atlanta activist Samuel Tunick into secondary inspection at Hartsfield-Jackson International Airport, denied him access to a lawyer despite his requests, and told him no warrant was required because he had not yet formally entered the country. When Tunick entered his phone's passcode, a GrapheneOS duress feature wiped the device; agents seized it regardless. Tunick's attorneys allege the stated child-exploitation-imagery pretext for the stop was fabricated and that CBP was actually investigating his ties to the Defend the Atlanta Forest movement. Federal prosecutors later indicted Tunick under a statute against destroying property to prevent government seizure — the first known federal case charging use of a duress password — and he pleaded not guilty and moved to suppress the evidence, arguing the underlying search was unlawful.