The Department of Justice (DOJ) is considering allowing prosecutors to bypass consultation with the Public Integrity Section as they pursue charges against elected officials.
In doing so, the Trump administration would cut a key review from a team of prosecutors who specialize in bringing cases against public officials — a team also assembled to help ensure charges aren’t brought for political reasons.
The potential shift, however, comes at a time when Trump administration members have floated cases against several officials.
A Justice Department official confirmed the move, saying it would be a shift from “centralizing all authority” in the Public Integrity Section.
“Justice Manual provisions for several sections are under review. No final decisions have been made. The point of the review is to ensure that equal responsibility is held in the field,” they said.
The Washington Post first reported the development.
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The latest in politics and policy. Direct to your inbox. Sign up for the 12:30 Report newsletter SubscribeThe potential change would leave U.S. attorneys across the country free to pursue cases against elected officials — and some Trump nominees have already threatened to do so.
Ed Martin, who until last week served as the interim U.S. attorney for Washington, D.C., ignited an inquiry into Senate Minority Leader Chuck Schumer (D-N.Y.) for comments he made five years prior about Supreme Court justices. Martin similarly sent a letter to Rep. Robert Garcia (D-Calif.) after the lawmaker made comments about pushing back against Elon Musk.
And in New Jersey, Newark Mayor Ras Baraka (D) was arrested and later charged with trespassing after a clash with immigration officials as lawmakers gathered to tour a new U.S. Immigration and Customs Enforcement (ICE) facility.
Trump officials have warned there could be charges for the three New Jersey Democrats present that day: Reps. Bonnie Watson Coleman, Rob Menendez and LaMonica McIver.
The three lawmakers said they did nothing wrong as they showed up for a tour, blaming ICE officials for escalating the situation.
The Public Integrity Section has brought a number of cases against officials, though several have not scored conviction.
The team recently helped bring charges against former Sen. Bob Menendez (D-N.J.) and New York Mayor Eric Adams (D). The case against Adams was later dismissed under the Trump administration, prompting a wave of resignations from the Public Integrity Section.
Federal prosecutors have also lost high-profile cases against elected officials, like those into former Sen. John Edwards (D-N.C.) and former Virginia Gov. Bob McDonnell (R), with the conviction in the latter case overturned by the Supreme Court.
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