Fighting Political Prosecutions

THE IMPACT

The vindictive prosecution of political opponents threatens political speech and the rule of law. A dismissal of this indictment on the basis of selective and vindictive prosecution would halt the Trump administration’s retributive use of the criminal justice system.

THE BRIEF

President Trump has brazenly and repeatedly called for the prosecution of A.G. James ever since her office investigated and successfully sued the Trump Organization in 2019. When experienced prosecutors in the Eastern District of Virginia told senior administration officials that there was a lack of evidence to prosecute A.G. James, the administration unlawfully replaced the U.S. Attorney in the district with Lindsey Halligan – a personal attorney of President Trump’s with no prosecutorial experience – who then signed the indictment against A.G. James.

“If speaking out against corruption, investigating wrongdoing, criticizing government policy, or enforcing the law against powerful interests can potentially lead to prosecution and personal ruin, many might simply refrain and retreat from public service,” argue the Senate Minority Leader and House Minority Leader in our brief. “Such self-censorship — born not of law but of fear —degrades the quality of democratic decision-making as public officials are forced to operate under threat that the lawful exercise of their authority might provoke personal retaliation.”

On November 24, 2025, the court ruled that Lindsey Halligan had been serving as the Eastern District of Virginia’s United States Attorney without legal authority, as we argued, and dismissed the indictment. The court took our brief into account in reaching its opinion. “In addition to the parties’ briefs, I have also considered amicus briefs . . . from a bipartisan group of current and former members of Congress,” the Judge wrote.

THE TEAM

The Senate Minority Leader and House Minority Leader are represented pro bono by Free + Fair, Joseph Baio and Ruloff, Haddad, & Woodward.