Ex-DOJ Policy Chief Calls for Sweeping Criminal Justice Reforms to Stop Revenge Prosecutions

April 28, 2026
Jonathan Wroblewski

WASHINGTON (April 28, 2026) — The Progressive Policy Institute (PPI) today released “Fortifying the Guardrails: Reforming Federal Criminal Justice After Trump’s Revenge Prosecutions,” a comprehensive analysis by Jonathan Wroblewski, contributing author and former Director of the Office of Policy and Legislation in the Criminal Division of the U.S. Department of Justice. The report examines how the Trump administration weaponizes federal criminal law against political opponents and provides a blueprint for structural reforms to prevent future abuse.

The report documents how the current federal criminal justice system, despite constitutional safeguards, proved vulnerable to politicization during the first 15 months of Trump’s second term. Through case studies of high-profile targets, including former FBI Director James Comey, New York Attorney General Letitia James, Federal Reserve Chair Jerome Powell, and six Democratic lawmakers, the report reveals systemic weaknesses that enabled selective prosecution and investigative harassment.

The report identifies five critical areas requiring reform:

Criminal Code Reform: Federal criminal statutes are so vaguely defined and broadly written that they invite selective enforcement. The case against AG James, charging her with bank fraud for an allegedly misrepresented home purchase that caused no loss, exposed how prosecutors can manufacture serious felonies from minor conduct. Congress should undertake comprehensive code reform to clearly define crimes, distinguish degrees of severity, and eliminate undefined terms that prosecutors exploit.
Subpoena and Grand Jury Reform: Investigative subpoenas can be weaponized to intimidate and harass without court oversight. Pending amendments to Federal Rule 17 would allow prosecutors to issue subpoenas for sensitive personal information without judicial review or notice to the affected party.
DOJ Independence: While the Supreme Court’s decision in Trump v. United States limits congressional ability to insulate the DOJ from presidential direction, internal policy reforms remain viable. Future administrations should codify the Principles of Federal Prosecution, increase transparency around White House contacts with the DOJ, and empower career officials and inspectors general to report and resist improper directives.
Accountability: Those who designed and executed revenge prosecutions must face consequences. Disciplinary action, including potential termination of Department officials, referrals to state bar authorities, and congressional inquiry are essential to signal that weaponizing criminal power is incompatible with the rule of law.
Foundational Principle: Federal criminal law must not be so broad or easily manipulated that it becomes a tool of political or personal payback. As Justice Robert Jackson observed in 1940, federal prosecutors wield vast powers that demand “the highest level of ethical integrity” to deliver equal justice under law.

The report notes that some systemic resilience emerged. Grand juries refused to indict several targets despite prosecutorial pressure, and courts dismissed cases against Comey and James on constitutional grounds. Yet legal fees, psychological toll, and chilled speech impose costs that survive dismissal and demonstrate that the system requires deliberate strengthening to prevent future abuses.

The report calls on Congress and the next administration to enact these reforms without delay, building on existing bipartisan support for concerns about overcriminalization and criminal code modernization.

Read and download the report here.

Founded in 1989, PPI is a catalyst for policy innovation and political reform based in Washington, D.C. Its mission is to create radically pragmatic ideas for moving America beyond ideological and partisan deadlock. Find an expert and learn more about PPI by visiting progressivepolicy.org. Follow us at @PPI.

###

Media Contact: Ian O’Keefe – iokeefe@ppionline.org