This bill prohibits federal funds received through equitable sharing from being used by state and local law enforcement to investigate or prosecute current or former Presidents, Vice Presidents, or presidential candidates, and requires certification of compliance.
Andy Biggs
Representative
AZ-5
The "No Federal Funds for Political Prosecutions Act" restricts state and local law enforcement agencies from using Justice Department equitable sharing funds to investigate or prosecute current or former Presidents, Vice Presidents, or presidential candidates. Compliance requires certification to the Attorney General, with non-compliant agencies risking disqualification from receiving forfeited property. The bill defines "candidate" according to the Federal Election Campaign Act of 1971.
The "No Federal Funds for Political Prosecutions Act" does exactly what it says on the tin: it stops state and local law enforcement from using certain federal funds to investigate or prosecute current or former Presidents, Vice Presidents, or presidential candidates. Let's break down what that actually means.
The bill specifically targets funds and property that local law enforcement get through "equitable sharing" with the Department of Justice (DOJ). This is when assets seized in joint operations (think drug busts under 21 U.S.C. 881(e)(1)(A) or general forfeitures under 28 U.S.C. 524(c)) are shared between federal and local agencies. This bill says, "No, you can't use that money" if the target is a President, VP, or candidate (as defined by the Federal Election Campaign Act of 1971, 52 U.S.C. 30101(1)).
To make sure everyone's playing by the new rules, local law enforcement agencies have to certify to the Attorney General that they're not using these shared funds for those prohibited investigations or prosecutions. Think of it like signing a form promising you won't misuse the company credit card. Except, in this instance, the company credit card comes from seized assets, and the "misuse" is investigating a former or current president.
If an agency doesn't certify, or if they certify and still use the funds to investigate a protected individual, the Attorney General can cut them off. Specifically, SEC. 2 allows the AG to disqualify the agency from receiving any more forfeited property or the proceeds from selling it. Basically, it's a financial penalty for not following the new restriction.
Imagine a local police department, working with the DEA, seizes a bunch of assets in a drug raid. They usually get a cut of that through equitable sharing. But now, if they also happen to be investigating a former President who lives in their jurisdiction (for, say, a completely unrelated local crime), they have to be very careful about which funds they use. This bill creates a significant accounting headache, and potentially chills investigations, even legitimate ones, simply because of who the target is. It introduces a new level of complexity and potential political pressure into what should be straightforward law enforcement decisions.
###The Big Picture
This bill essentially creates a special financial protection for a very specific group of people. While the stated intent might be to prevent politically motivated prosecutions, the practical effect is that it makes it harder for state and local agencies to investigate potential wrongdoing by those in the highest offices. It adds a layer of bureaucracy and risk to pursuing cases that, frankly, are already incredibly complex and sensitive. It's a move that raises serious questions about accountability and whether the same rules apply to everyone, regardless of their political status.