Scanlon Introduces Legislation to Block Dismissal of Criminal Charges Against Political Cronies

Scanlon Introduces Legislation to Block Dismissal of Criminal Charges Against Political Cronies

Washington, D.C. - Congresswoman Mary Gay Scanlon (PA-05) today introduced the No Free Passes for Cronies Act, a bill that seeks to prevent politically-motivated dismissals of criminal charges by amending the Federal Rules of Criminal Procedure. Last week, the Trump Justice Department moved to erase the convictions of the Proud Boys and Oath Keepers who planned and led the violent insurrection and attempt to overthrow the U.S. government on January 6th. The President had commuted their sentences when he pardoned more than 1500 other participants in that attack, but the leaders' convictions remained intact. This new move would erase those criminal convictions.

Rule 48(a) of the Federal Rules of Criminal Procedure governs the method by which a federal prosecutor may dismiss criminal prosecution. The legislative history of the rule explicitly sought to prevent the government from dismissing charges against powerful or well-connected defendants. However, case law has created uncertainty about whether a judge can reject the government's motion to dismiss a case in the interest of justice when the dismissal may be motivated by corrupt political concerns.

"Since the start of his second term, Trump and his Justice Department have abused our justice system and its prosecutorial discretion to advance the President's personal and political interests, rather than to assure accountability and the interests of justice or the American people," said Rep. Scanlon. "Reforming Rule 48(a) to ensure that federal judges have appropriate oversight over problematic prosecutorial decisions will reinforce an important check and balance to ensure the integrity of our justice system."

The No Free Passes for Cronies Act would amend Rule 48(a) of the Federal Rules of Criminal Procedure to clarify that federal judges have the authority to accept or reject the government's motion to dismiss "in the interests of justice." The revised standard would clarify that the court has the power to review the facts and context surrounding such a motion to determine if a dismissal is not in the public interest.

This administration has repeatedly abused the DOJ's prosecutorial power to deliver "get out of jail free" cards to the President's friends. During the first Trump Administration, the White House moved to dismiss criminal charges against Michael Flynn, after he pled guilty to making false statements to the FBI during Special Counsel Mueller's investigation of Russian interference in the 2016 presidential election. More recently, Trump's Justice Department has moved to dismiss criminal cases against well-connected individuals and associates, including former New York City mayor Eric Adams and Trump's long-time ally Steve Bannon, in exchange for political favors.

After Trump's DOJ dropped the charges against Flynn, he sued the federal government for damages, and the DOJ gave him a $1.25 million payoff. The DOJ's dismissal of charges against the Proud Boys and Oath Keepers could clear the way for them to pocket similar payoffs at taxpayer expense.

Find the full bill text here.

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