How to tell if the Trump DOJ is enforcing the law or retaliating against political enemies
Since Donald Trump has returned to the presidency, we have seen numerous Department of Justice (DOJ) investigations and prosecutions against his political opponents, often presaged by direct threats from President Trump himself. In a healthy democracy, the justice system must not be weaponized to punish political opponents, chill dissent, or pretextually achieve political objectives — all hallmarks of the authoritarian playbook. But democracy also requires a justice system in which no one is above the law and prosecutions move forward even in politically significant cases so long as those prosecutions are consistent with the law and nonpartisan criminal enforcement priorities.
In the tracker below, you’ll find summaries of retaliatory investigations, arrests, or prosecutions that the Trump administration has pursued since entering office. In determining which prosecutions qualified as retaliatory, we asked three key questions about the investigations. Expand to read more about those questions below:
Start with the administration’s intentional and systematic obliteration of guardrails. President Trump and his political allies and appointees have openly disclaimed adherence to post-Watergate laws and traditions and to the very idea that law enforcement should be independent of the president’s personal political interests. In addition to disdaining and destroying the guardrails, President Trump and his senior political appointees have repeatedly announced their intention to engage in retaliatory law enforcement and have publicly commented on pending cases in ways that interfere with the rights of the accused and that would legally jeopardize even prosecutions that arguably have some legitimate basis.
The Trump administration’s proclivity for charging federal crimes and executing public arrests in cases that do not involve bodily injury, other indicia of serious offenses, or a credible flight risk in cases involving political opponents departs from DOJ guidelines. And in many cases, the administration has publicly announced investigations before any charges, including cases that were eventually dropped without charges. And while some prosecutions may have surface validity, looking at the totality of the known evidence and circumstances may compel the conclusion that the subjects have faced selective enforcement and more publicly harsh treatment simply for being a political opponent of President Trump.
While not all cases brought by the Department of Justice should be expected to lead to indictments, the failure to bring enough credible evidence to indict should be the exception and not the norm. The Trump administration’s notable pattern of conducting high profile arrests only to drop (or be forced to drop) the charges days or weeks later has led judges and prominent legal commentators to sharply criticize the administration’s actions, both in the courtroom and out. These judicial rebukes have played out against the backdrop of mass resignations of career lawyers from DOJ, many of whom have made it clear that they cannot square the current conduct of the Department with their professional responsibilities.
Based on these questions, we previously concluded that the federal prosecutions of Trump brought during the last administration were necessary law enforcement efforts. Using them to assess law enforcement investigations and prosecutions of Trump administration political opponents, compels the conclusion that the administration has frequently veered far over the line into political retaliation.
Retaliatory action need not include arrest or prosecution to be damaging. Oftentimes an ongoing investigation that cannot be immediately dismissed is just as punitive as a win in court. Such actions and investigations are certainly broadly chilling to anyone inclined to oppose the administration, which may be the end goal. At the same time, such actions degrade the rule of law and the Department’s ability to protect the public from actual crime and other unlawful conduct.
About the Tracker
This tracker applies the three retaliatory assessment questions to some of the Trump administration’s arrests, investigations, and prosecutions. In determining which actions qualify, we pay close attention to whether the Administration appears to have understood the subjects as members of the political opposition before taking action against them. The list includes people targeted specifically by federal investigations and other actions does not include state initiated investigations and prosecutions. It is not exhaustive.
Total number of cases: 15 (in reverse order of first reported official action)
John Bolton
Former National Security Advisor
AUGUST 22, 2025: FBI searched John Bolton’s home
POLITICAL INTERFERENCE
Mr. Bolton has been an outspoken critic of President Trump since he served in the first Trump Administration and wrote a book documenting his time in the White House. Mr. Bolton was included in Kash Patel’s “enemies list.” Both President Trump and Vice President Vance have made public comments about the investigation while acknowledging there was no actual reason known for the investigation.
Lisa Cook
Federal Reserve Governor
AUGUST 20, 2025: U.S. Federal Finance Agency Director alleged she committed mortgage fraud, via a post on X
AUGUST 25, 2025: President Trump purported to fire her
SEPTEMBER 4, 2025: DOJ opened a criminal investigation
POLITICAL INTERFERENCE
President Trump posted on Truth Social calling for Ms. Cook’s resignation, before the Justice Department had even started an investigation. Ms. Cook is one of three Biden appointees on the Fed, an agency that Trump has been publicly targeting.
SELECTIVE ENFORCEMENT
While the administration has publicly accused Cook before even indicting her, they have yet to produce any evidence of fraudulent intent.
Adam Schiff
California Senator and Former Chair of the House Intelligence Committee
AUGUST 5, 2025: The DOJ launched an investigation around alleged mortgage fraud
AUGUST 13, 2025: Trump publicly called on the DOJ to investigate Schiff for his work investigating Trump previously
POLITICAL INTERFERENCE
Before the investigation even began, President Trump posted on Truth Social alleging fraud.
SELECTIVE ENFORCEMENT
Sen. Schiff has been the target of Trump’s attacks for nine years now. In 2024 he became a household name after serving on the January 6th committee and wears the attacks by the administration as a “badge of honor.”
VALIDATION
Sen. Schiff had already been investigated during Trump’s first term for the alleged leak of classified information, but federal prosecutors found the staffer who made the accusation lacked credibility.
James Comey and John O. Brennan
Former F.B.I Director and Former C.I.A Director
JULY 8, 2025 (Reported): The F.B.I. launched an investigation apparently arising out of their respective roles in the investigation of Russian interference in the 2016 election
POLITICAL INTERFERENCE
White House Press Secretary Karoline Leavitt has made statements about being glad to see the investigation into “corruption at the highest level” and “the deep state” attacks on Trump, with no evidence to support these statements. Trump made statements about them being “dishonest people.”
SELECTIVE ENFORCEMENT
Criminal investigation of a high-level federal employee for actions taken in the scope of their office is highly unusual, particularly in cases, like this one, that resulted in prosecutions and convictions. In this instance, there were already two Trump-instigated investigations of the conduct of the 2016 Russia investigation, one by the DOJ inspector general and one by Special Counsel John Durham. Neither of those investigations disclosed criminal wrongdoing by Comey or Brennan. Indeed, Durham’s investigation resulted in one guilty plea by an FBI attorney based on the alteration of search warrant application and two jury acquittals.
VALIDATION
While no charges have yet been sought or filed that would permit grand jury or judicial review, in addition to the investigations noted above, the bipartisan Senate Intelligence Committee conducted an extensive investigation that concluded that Russia did, in fact, interfere in the 2016 election for the purpose of helping Trump’s candidacy, which was the same conclusion reached in the investigation conducted by the FBI and Special Counsel Robert Mueller.
Brad Lander
NYC Democratic Mayoral Candidate
JUNE 17, 2025: Forcibly arrested by federal agents while escorting a defendant out of immigration court for allegedly assaulting law enforcement and impeding a federal officer. No charges filed.
SELECTIVE ENFORCEMENT
Mr. Lander had participated in court watching two times before this incident. He was arrested after asking to see a judicial warrant. Several others were court watching with Mr. Lander and were not arrested.
VALIDATION
Mr. Lander was released without charge.
Alex Padilla
Democratic California Senator
JUNE 12, 2025: Forcibly removed from Homeland Security Secretary Kristi Noem’s press conference. No charges filed.
SELECTIVE ENFORCEMENT
Senator Padilla was wasking a question of a government official while identifying himself as a U.S. Senator, and there is no allegation of violence.
VALIDATION
Senator Padilla was released without charge.
David Huerta
SEIU California President
JUNE 6, 2025: Detained by federal officers while protesting an immigration raid
ONGOING: Not yet indicted but charges still pending
POLITICAL INTERFERENCE
Mr. Huerta is being prosecuted by acting U.S. Attorney Bill Essayli’s office which has been forced to dismiss numerous cases because of faulty or fabricated allegations. Four different colleagues reported hearing Essayli shout “F*** the Justice Manual”– the rulebook used to preserve the integrity of investigations.
SELECTIVE ENFORCEMENT
Mr. Huerta is the president of the largest labor union in the country. He was participating in a nonviolent act of resistance and had to be hospitalized as a result of his violent arrest.
Letitia James
New York Attorney General
MAY 18, 2025: The FBI publicly confirmed an investigation around alleged mortgage fraud
AUGUST 8, 2025: The DOJ issued two subpoenas as a part of a criminal investigation into her activity as Attorney General prosecuting Trump and the NRA
POLITICAL INTERFERENCE
Ed Martin, special attorney and director of the Weaponization Working Group sent Ms. James’ attorney a letter stating he would take Ms. James’ resignation “as an act of good faith,” even though she has yet to be indicted on any charges. Ms. James prosecuted and won a case against Trump for defrauding banks and lenders, resulting in a significant judgment. President Trump has accused Ms. James of political motivation in her prosecutions.
LaMonica McIver
United States Representative
MAY 9, 2025: Arrested by federal officers
JUNE 10, 2025: Indicted for allegedly impeding and interfering with federal officers
ONGOING: Case proceeding in federal court
POLITICAL INTERFERENCE
Charged by former senior advisor and legal spokesperson to President Trump and current interim U.S. Attorney, Alina Habba, who was reprimanded by a federal judge for the hasty arrest of Ras Baraka. President Trump publicly commented on the evidence, describing the Congresswoman’s conduct as “shoving,” “out of control,” and the “kind of crap” that is “over in this country.” DHS put out several statements about Rep. Mciver’s arrest, one accusing her of being a “gutter politician.”
SELECTIVE ENFORCEMENT
Rep. McIver asserted that she was engaging in congressional oversight to inspect the conditions of an ICE facility. DOJ does not allege that anyone was injured as a result of McIver’s actions.
Ras Baraka
Newark Mayor; Democratic Candidate for Governor of New Jersey
MAY 9, 2025: Arrested and detained by federal agents for trespassing
MAY 19, 2025: Charges dropped
SELECTIVE ENFORCEMENT
Outspoken critic of conditions in ICE detention facility as part of campaign. Upon hearing the prosecutors’ decision to drop the federal trespassing charge, U.S. Magistrate Judge André Espinosa, assigned to Mr. Baraka’s case, told the prosecutor “an arrest, particularly of a public figure, is not a preliminary investigative tool. It is a severe action, carrying significant reputational and personal consequences, and it should only be undertaken after a thorough, dispassionate evaluation of credible evidence.”
VALIDATION
The charges against Mr. Baraka have been dropped.
Honorable Hannah Dugan
Milwaukee County Circuit Court Judge
APRIL 25, 2025: Arrested by the FBI and indicted for allegedly concealing an individual to prevent arrest and obstruction
ONGOING: Case proceeding in federal court
POLITICAL INTERFERENCE
Attorney General Pam Bondi and FBI Director Kash Patel both issued public statements suggesting that this arrest serves as a threat towards anyone protecting immigrants and that “[the U.S. DOJ] will come after you and we will prosecute you. We will find you.”
SELECTIVE ENFORCEMENT
Judge Dugan was arrested a week after the alleged incident occurred. Standard procedure for nonviolent crimes that do not involve a known flight risk is to issue a summons unless there is an urgent threat, however Judge Dugan was not afforded that standard courtesy and instead was forcibly and publicly arrested. A bipartisan group of over 150 former federal and state judges penned a letter criticizing this and the Trump Administration’s greater attacks on the judiciary.
Chris Krebs
Former Director of the Cybersecurity and Infrastructure Security Agency at DHS
APRIL 9, 2025: President Trump issued an Executive Order directing agency investigations of Krebs
POLITICAL INTERFERENCE
As CISA Director, Mr. Krebs played a role in correcting disinformation about 2020 election fraud alleged by President Trump. President Trump fired Mr. Krebs via twitter. Mr. Krebs has since been an outspoken critic of President Trump and his administration.
SELECTIVE ENFORCEMENT
There is no public evidence that Chris Krebs committed a federal crime.
Miles Taylor
Former Chief of Staff of DHS
APRIL 9, 2025: President Trump issued an Executive Order directing agency investigations of Taylor
POLITICAL INTERFERENCE
Miles Taylor was the anonymous author of a statement warning the public about President Trump’s official behavior during his first term. He has since come forward as an outspoken critic of President Trump and his administration. Miles Taylor was subsequently named on Kash Patel’s “enemy list.”
SELECTIVE ENFORCEMENT
There is no public evidence that Miles Taylor committed a federal crime.
Kilmar Abrego Garcia
MARCH 15, 2025: Deported in violation of immigration court order after an administrative error
JUNE 6, 2025: Returned and indicted the same day for conspiracy to commit human trafficking
JUNE 23, 2025: TN and MD courts ordered his release and prohibited deportation after release
AUGUST 22, 2025: Released and returned to Maryland
AUGUST 25, 2025: Detained by ICE during a court mandated check-in and threatened with deportation to Uganda
POLITICAL INTERFERENCE
President Trump made numerous false public statements about Mr. Abrego Garcia’s criminality. Abrego Garcia has been used as the face of Trump’s deportation policy and public opposition to it. Erez Reuveni, then the career Director of the Office of Immigration Litigation, acknowledged in a court hearing that deporting Kilmar Abrego Garcia to El Salvador was an error. He was then fired. Reuveni later told the Senate Judiciary Committee that senior DOJ leadership had purposely deceived the courts and expected career staff to do the same – or else.
SELECTIVE ENFORCEMENT
There is no evidence that Mr. Abrego Garcia was investigated for human smuggling or trafficking before his removal.
VALIDATION
Magistrate Judge in Tennessee cast doubt on the charges against Abrego Garcia, and the government’s claim that he is a dangerous criminal and sexual predator.
Last Updated: 9/5/2025
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