Tracking retaliatory use of arrests, prosecutions, and investigations by the Trump administration

How to tell if the Trump DOJ is enforcing the law or retaliating against political enemies
The Department of Justice emblem on the side of the DOJ headquarters.
Our Framework

Our Framework

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:   

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 criminal investigations and other actions and does not include state initiated investigations and prosecutions. It is not exhaustive.

Please contact [email protected] with any questions.

Retaliatory Actions Tracker

Retaliatory Actions Tracker

Total number of cases: 18
(in reverse order of first reported official action)
Minnesota Democrats

Tim Walz, Governor of Minnesota Jacob Frey, Mayor of Minneapolis Kaohly Her, Mayor of St. Paul Keith Ellison, State Attorney General Mary Moriarty, Hennepin County Attorney

JANUARY 16, 2026: The DOJ reportedly launched a criminal investigation into these Democratic elected officials for allegedly conspiring to impede federal agents.

JANUARY 20, 2026: DOJ reportedly served subpoenas on the five officials.

Jerome Powell

Chair of the Federal Reserve

NOVEMBER 2025: Jeanine Pirro approved a criminal investigation into Mr. Powell and his involvement with and official statements about the central bank’s renovation of its headquarters.

JANUARY 11, 2026: The U.S. attorney’s office in DC publicly opened a criminal investigation into Mr. Powell.

Mark Kelly

Democratic Arizona Senator, former U.S. Navy Captain and NASA astronaut

NOVEMBER 24, 2025: Pentagon announced a review of “serious allegations of misconduct” against Kelly, a retired Navy Captain, pursuant to the Uniform Code of Military Justice. The announcement stated that further actions could include “recall to active duty for court-martial proceedings or administrative measures” and referenced 18 U.S.C. 2387, which it described as prohibiting “actions intended to interfere with the loyalty, morale, or good order and discipline of the armed forces.”

JANUARY 5, 2026: Pete Hegseth announced that the military has begun taking administrative action against Mr. Kelly, including a censure letter and a retirement grade determination proceeding.

JANUARY 12, 2026: Mr. Kelly filed a lawsuit and Motion for TRO against Pete Hegseth and the Department of Defense alleging violations of the the First Amendment, the Speech or Debate Clause, the separation of powers, due process, 10 U.S.C. § 1370, and the Administrative Procedure Act.

JANUARY 16, 2026: A judge converted the Motion for Temporary Restraining Order to a Motion for Preliminary Injunction and Stay under 5 U.S.C. § 705 and set a hearing for January 28, 2026

JANUARY 20, 2026: On behalf of Former Service Secretaries, Retired Senior Military Officers, and Vet Voice Foundation, Protect Democracy filed an amicus brief in Support of Plaintiffs Motion for a Preliminary Injunction and Stay Under 5 U.S.C. § 705

Kat Abughazaleh

Democratic Congressional Candidate

OCTOBER 23, 2025: Indicted for forcibly impeding, intimidating, and interfering with an officer of the United States

John Bolton

Former National Security Advisor

AUGUST 22, 2025: FBI searched John Bolton’s home

October 16, 2025: John Bolton indicted for Transmission of National Defense Information and Retention of National Defense Information

October 17, 2025: John Bolton pled not guilty at arraignment

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

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

James Comey

Former F.B.I Director

JULY 8, 2025 (Reported): The F.B.I. launched an investigation apparently arising out of Comey and John O. Brennan’s respective roles in the investigation of Russian interference in the 2016 election

SEPTEMBER 26, 2025: Indicted and charged with making a false statement to Congress and obstruction of an investigative proceeding before Congress

OCTOBER 9, 2025: Comey pled not guilty at arraignment; trial is set for January 5, 2026

OCTOBER 20, 2025: Comey filed a Motion to Dismiss Based on Vindictive and Selective Prosecution and Motion to Dismiss based on Unlawful Appointment

OCTOBER 28, 2025: Protect Democracy filed an Amicus Brief in support of Mr. Comey

NOVEMBER 21, 2025: Comey filed a Motion to Dismiss based on Grand Jury Violations

NOVEMBER 24, 2025: Senior District Judge Cameron McGowan Currie dismissed the indictment based on unlawful appointment of Lindsey Halligan

John O. Brennan

Former C.I.A Director

JULY 8, 2025 (Reported): The F.B.I. launched an investigation apparently arising out of James Comey and Brennan’s respective roles in the investigation of Russian interference in the 2016 election

Brad Lander

NYC Comptroller

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.

SEPTEMBER 18, 2025: Arrested by federal agents while attempting to conduct congressional oversight of ICE holding center. Charged with a misdemeanor.

Alex Padilla

Democratic California Senator

JUNE 12, 2025: Forcibly removed from Homeland Security Secretary Kristi Noem’s press conference. No charges filed.

David Huerta

SEIU California President

JUNE 6, 2025: Detained by federal officers while protesting an immigration raid

OCTOBER 17, 2025: Felony charge was downgraded to a misdemeanor

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

OCTOBER 9, 2025: Ms. James was indicted for bank fraud and making false statements to a financial institution

OCTOBER 24, 2025: Ms. James filed a Motion to Dismiss the Indictment Based on Unlawful Appointment and Enjoin the Prosecution

NOVEMBER 7, 2025: Ms. James filed a Motion to Dismiss Indictment for Vindictive and Selective Prosecution

NOVEMBER 13, 2025: Protect Democracy filed an Amicus Brief in support of Ms. James

NOVEMBER 24, 2025: Senior District Judge Cameron McGowan Currie dismissed the indictment based on the unlawful appointment of Lindsey Halligan

LaMonica McIver

United States Representative

MAY 9, 2025: Arrested by federal officers

JUNE 10, 2025: Indicted for allegedly impeding and interfering with federal officers

AUGUST 15, 2025: Rep. McIver filed a Motion to Dismiss Based on Selective Enforcement and Vindictive Prosecution

NOVEMBER 13, 2025: A judge denied Rep. McIver’s Motion to DIsmiss on two counts, but allowed one count to proceed

DECEMBER 29, 2025: Rep. McIver filed an Appeal with the Third Circuit

JANUARY 5, 2026: A judge denied the last count of Rep. McIver’s Motion to Dismiss

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

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

DECEMBER 19, 2025: Found guilty of felony obstruction and not guilty of concealing an individual to prevent arrest

JANUARY 3, 2026: Judge Dugan resigned as a Milwaukee County Circuit Court judge

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

Miles Taylor

Former Chief of Staff of DHS

APRIL 9, 2025: President Trump issued an Executive Order directing agency investigations of Taylor

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

SEPTEMBER 5, 2025: ICE threatened deportation to Eswatini

OCTOBER 3, 2025: Judge ruled in favor of Abrego-Garcia and granted discovery on the basis of potential vindictive prosecution

OCTOBER 27, 2025: Judge Crenshaw issued an Order requiring the Department of Justice and Department of Homeland Security Officials to refrain from making prejudicial statements

DECEMBER 11, 2025: A federal judge granted Mr. Abrego Garcia’s petition for writ for habeas corpus

DECEMBER 12, 2025: A federal judge entered a temporary restraining order enjoining ICE from detaining Mr. Abrego Garcia

Last Updated: 1/20/2026

Amicus Briefs

Amicus Briefs