Politically Motivated Prosecution Defense

Experienced Defense Counsel for Targets of Politically Motivated Prosecutions

Politically motivated prosecutions are prohibited in the American criminal justice system. Yet, they remain common. If you are the target of a politically motivated criminal investigation or a vindictive prosecution, you need experienced defense counsel who can help protect you by all means available.

Attorney Nick OberheidenInternational Litigation Team Lead

The U.S. Constitution prohibits government officials and federal prosecutors from pursuing cases that are politically motivated. Politically motivated prosecutions violate some of the most fundamental tenants of our constitutional democracy, including the First Amendment’s free speech protections and the Fifth Amendment’s preservation of due process.

Yet, politically motivated federal prosecutions remain common. While the Trump Administration has most recently been accused of pursuing cases in federal court based on political motivations, it is not the first administration to do so. Along with President Donald Trump, President Bill Clinton and other predecessors in the White House have faced these accusations as well. Accusations of the politicization of law enforcement are not limited to either party, and political prosecutions violate the First Amendment and the Fifth Amendment’s Due Process Clause regardless of the balance of power in Washington DC.

Defending Against a Politically Motivated Prosecution

Our lawyers defend clients in federal cases involving political influence nationwide. We handle cases in American cities across the country, and we defend government officials, candidates, and other individuals of all political affiliations. Whether you are under investigation or you are already facing criminal charges, our team can get to work immediately, and we can fight to ensure that politics do not lead to an unjust and unconstitutional conviction.

We handle federal cases prosecuted by the US Department of Justice (DOJ). The DOJ prosecutes all types of alleged crimes; and, with its substantial resources, it does not hesitate to take cases to trial. When we represent targets and defendants in these cases, we work to secure pre-trial resolutions whenever possible. We use all available evidence to demonstrate that our clients are being prosecuted for political reasons, and we work to convince federal judges that going to trial would be unjust under the circumstances at hand.

Representative examples of the types of cases we handle include:

False Claims Act violations
Hatch Act violations
Money laundering and other financial crimes
Mortgage fraud and other forms of bank fraud
Insider trading and other forms of securities fraud
Tax evasion and tax fraud
Various forms of bribery and corruption

If you are facing any type of politically motivated prosecution, our team can work quickly to protect you by all means available. If you are under investigation, we can work to convince prosecutors to drop your case based on the fact that their actions will face scrutiny in court. If you received a grand jury subpoena (or you have already been indicted), we can challenge the government’s conduct in court and work to prove that it would be wrong to allow your case to proceed in light of its political motivations.

Politically Motivated Prosecutions Violate the U.S. Constitution

Politically motivated prosecutions are unconstitutional. They violate multiple provisions of the U.S. Constitution, and each violation on its own is enough to clearly warrant dismissal at the pre-trial stage.

The Take Care Clause in Article II, Section 3

Section 3 of Article II of the U.S. Constitution requires that the president “take Care that the Laws be faithfully executed.” Among other things, this means that the executive branch must pursue enforcement of the laws enacted by Congress in good faith and without political bias or undue motivation.

The First Amendment’s Free Speech Protections

The First Amendment’s free speech protections also work to prevent politically motivated prosecutions. If prosecutors attempt to pursue charges that violate a defendant’s free speech rights, no amount of due process (including the empanelment of an impartial jury) can ensure a fair trial.

The Fifth Amendment’s Due Process Clause

The Fifth Amendment’s Due Process Clause protects against political prosecutions as well. Even when defendants have committed crimes, the Due Process Clause establishes a clear rule that a “Guilty” verdict is unwarranted when defendants have been denied a fair and impartial trial.

Pursuing politically motivated cases also violates federal prosecutors’ ethical obligations. Unfortunately, even career prosecutors can—and do—make poor judgments. In short, there are numerous reasons why politically motivated prosecutions are improper, and each of these reasons can support efforts to seek dismissal before or during trial.

About Oberheiden P.C.

Oberheiden P.C. is a federal defense law firm that represents individuals facing politically motivated prosecutions nationwide. We have extensive experience with such claims, and we rely on this experience to provide efficient, effective, and results-oriented defense representation. Here are some more key facts to know about our law firm:

Our Team Includes Former DOJ Prosecutors and FBI Special Agents

Several of our lawyers handled criminal investigations and prosecutions at the US Department of Justice (DOJ) before entering private practice. We also have a nationwide network of former Special Agents with the FBI and other federal agencies who assist with building our clients’ defenses in politically motivated cases.

We Serve Clients Across the United States

Our federal defense practice is nationwide in scope. Our senior lawyers are available to represent clients across the United States who are facing both politically motivated investigations and politically motivated charges in federal district courts.

We Have a Proven Track Record Before and During Trial

While there are no guarantees, we have a proven track record of securing favorable results for our clients both before and during trial. We seek to favorably resolve our clients’ federal cases at the investigative stage whenever possible, and we build and execute comprehensive defense strategies to protect our clients in court when necessary.

FAQs: What You Need to Know When Facing a Politically Motivated Prosecution

Are politically motivated criminal prosecutions legal?

No, politically motivated prosecutions are prohibited under the U.S. Constitution’s Take Care Clause and the First and Fifth Amendments. They are also prohibited under the Fourteenth Amendment at the state level. If you are under investigation or facing charges and you believe that the government’s case is politically motivated, you should engage experienced defense counsel promptly. With a team that includes former DOJ prosecutors and federal agents, our law firm has the experience required to handle these complex cases effectively.

Is politically motivated prosecution considered a form of selective prosecution?

Yes, politically motivated prosecution is considered a form of selective prosecution. Selective prosecution involves targeting an individual based on protected classifications, including political affiliation and participation in political activity. While proving selective prosecution often involves establishing that similarly situated individuals were treated differently, in politically motivated cases, it can be enough to show the political motivation on its own.

How can I prove that the government is pursuing a politically motivated prosecution in bad faith?

Politically motivated prosecutions often rely on vague criminal allegations and obscure provisions of criminal codes. They frequently involve false allegations as well. Additionally, while prosecutions should be based on credible evidence and standards for protecting public safety and public funds, in political prosecutions, evidence standards may be stretched (or evidence may be manipulated) in an attempt to demonstrate that prosecution is warranted. These are all issues that can be raised (among others) to prove that the government is pursuing a politically motivated prosecution in bad faith.

Does the US Supreme Court accept appeals in cases involving politically motivated prosecutions?

The US Supreme Court accepts select appeals involving claims of politically motivated prosecution. If you are facing political persecution, you should not rely on challenging the outcome of your case at the judiciary’s highest level. Instead, you should take a proactive approach to your defense focused on securing a fair resolution as efficiently as possible.

When we represent clients who are facing politically motivated allegations or charges, we work to secure resolutions that avoid the need for trial or an appeal. Our proactive approach has proven successful in numerous cases, and we have been able to favorably resolve many of our clients’ cases without formal charges being filed.

What Should I do if I am being prosecuted based on my political affiliation or political activity?

If you are being prosecuted based on your political affiliation or political activity, you should engage an experienced defense firm right away. While politically motivated prosecutions are unlawful, it is up to targeted individuals to prove that prosecutors are exceeding their authority. This requires an in-depth understanding of the relevant constitutional and statutory principles, as well as the ability to raise all pertinent defenses effectively. At Oberheiden P.C., we have the experience and insights required, and we can provide defense representation on an emergency basis when necessary.

Speak with a Federal Defense Lawyer at Oberheiden P.C. in Strict Confidence

To learn more about our firm’s capabilities and experience, contact us today. We represent individuals who are facing politically motivated prosecutions across the United States. Call 888-680-1745 or contact us confidentially online to schedule an appointment with one of our senior federal defense lawyers.

Related Pages:

INTERPOL Defense

Federal Agency International Enforcement

Defense for US Citizens Abroad

Crisis Response & Family Resources