Federal Anti-Interference in Referrals for Justice Act; FAIR Justice Act
Summary
The FAIR Justice Act aims to prevent politically motivated prosecutions and investigations by prohibiting covered individuals from requesting the Department of Justice to investigate specific individuals for political purposes. It also mandates DOJ employees to report such requests to the Inspector General. Violators face fines and imprisonment.
Expected Effects
This act would create a new section in Title 18 of the U.S. Code, specifically targeting politically motivated investigations. It seeks to ensure that the justice system is not used for political gain or to target individuals based on political affiliations. The reporting requirement aims to increase transparency and accountability within the Department of Justice.
Potential Benefits
- Prevents abuse of power by high-ranking officials.
- Enhances the integrity and impartiality of the Department of Justice.
- Protects individuals from politically motivated investigations and prosecutions.
- Increases transparency and accountability within the DOJ.
- Reinforces the principle of equal justice under the law.
Potential Disadvantages
- Could potentially hinder legitimate investigations if concerns about political motivation arise, even if unfounded.
- May create a chilling effect on reporting potential wrongdoing due to fear of misinterpretation.
- The definition of "political purpose" could be subject to interpretation and legal challenges.
- Could lead to increased bureaucracy and reporting requirements within the DOJ.
- May not be effective in preventing politically motivated investigations if individuals find ways to circumvent the law.
Constitutional Alignment
The FAIR Justice Act aligns with the principles of due process and equal protection under the law, as enshrined in the Fifth and Fourteenth Amendments. By preventing politically motivated prosecutions, it reinforces the idea that all individuals should be treated fairly and impartially by the justice system. It also supports the separation of powers by limiting potential political interference in law enforcement.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).