DOJ prosecutors banned from defending their former targets for one year
H.R. 8861 — Department of Justice Integrity Act of 2026 · Filed by Mary Scanlon (D-PA) · 5 cosponsors · Introduced May 15, 2026 · Referred to committee
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What it does
This bill amends federal ethics law to prohibit former Department of Justice attorneys from representing private companies in federal prosecutions or plea agreements for one year after they leave office, if they personally worked on that company's case while employed. Violators face criminal penalties. The bill aims to prevent conflicts of interest and the appearance that DOJ prosecutors are leaving to immediately cash in by defending their former targets.
Why we flagged it
The bill's core mechanism is a post-employment restriction on former federal prosecutors, designed to prevent conflicts of interest and self-dealing. It is a straightforward ethics and accountability measure.
What the text implies
- The one-year cooling-off period applies only to companies the attorney personally prosecuted, leaving a potential gap for attorneys to represent other entities in the same industry or related matters they worked on indirectly.
- The bill does not address whether former DOJ attorneys can work for law firms that represent the company, only direct representation—creating potential workarounds through intermediary arrangements.
The full analysis lists 3 implications of this text.
Who it affects
The bill restricts government officials' ability to exploit their public position for private gain and closes a revolving-door loophole that undermines public trust in DOJ impartiality. Citizens benefit from stronger ethics enforcement and reduced conflicts of interest in federal prosecutions.