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.
Documented entries (17)
2026
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 charges eight U-Michigan divestment activists with up-to-20-year federal felonies over a vandalism-and-threats campaign, 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.
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.
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 charges 30 more over anti-ICE Minnesota church protest, bringing total to 39 defendants
On February 27, 2026, the U.S. Justice Department unsealed a superseding indictment in the U.S. District Court for the District of Minnesota charging 30 additional people — bringing the total to 39 — over the January 18 anti-ICE protest at Cities Church in St. Paul. All 39 are charged under place-of-worship civil-rights statutes, including the Freedom of Access to Clinic Entrances (FACE) Act, with conspiring to interfere with and interfering with the free exercise of religion; the defendants include independent journalists Don Lemon and Georgia Fort, who say they were covering the protest as reporters. Attorney General Pam Bondi announced that 25 of the 30 newly charged had been arrested, even though a magistrate judge had earlier found no probable cause to arrest several defendants, including the journalists.
2025
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.