DOJ prosecutors barred from defending same targets within 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 law to impose a one-year post-employment restriction on former Department of Justice attorneys. If a DOJ attorney personally worked on a federal prosecution or plea agreement involving a specific business entity, that attorney cannot represent or assist that same business entity in connection with that same prosecution or agreement for one year after leaving the DOJ. Violation is a federal crime punishable under existing law.
Why we flagged it
The bill's sole operative mechanism is a criminal penalty for post-employment conduct that creates an obvious conflict of interest. It is a straightforward ethics measure designed to prevent revolving-door abuse in federal prosecution.
What the text implies
- The one-year window is relatively short; attorneys may still represent the same entity after 12 months, potentially allowing delayed conflicts of interest.
- The restriction applies only to attorneys who 'personally and substantially participated' in a prosecution—lower-level DOJ staff may not be covered, creating potential loopholes.
- The bill does not address similar conflicts for DOJ civil attorneys, regulatory specialists, or other government lawyers outside the criminal prosecution context.
- Enforcement depends on DOJ's own Office of Inspector General or criminal referral; self-policing may be weak if political pressure discourages prosecution of former colleagues.
Section numbers refer to the bill text the analysis read — linked under Primary records below.
Who it affects
The restriction protects the integrity of federal prosecutions by preventing DOJ attorneys from immediately switching to defend the same entities they just prosecuted, reducing the risk of compromised enforcement and conflicts of interest. Citizens benefit from stronger assurance that DOJ decisions are made on the merits, not influenced by attorneys' future private-sector employment prospects.
Named in the bill
Department of Justice, 18 U.S.C. § 207, 18 U.S.C. § 216, 18 U.S.C. § 3161(h)(2)
Where it stands
5 cosponsors: 5 Democrats.
- May 15, 2026 — Introduced · Congress.gov: “Introduced in House”
- May 15, 2026 — Referred to House Committee on the Judiciary · Congress.gov: “Referred to the House Committee on the Judiciary”
Dates and quoted wording are Congress.gov's action record; the timeline shows status changes, not every procedural step.
How this was measured
Analysis — Quorum's AI read the bill text published by Congress.gov (1,111 characters) on Sep 23, 2026. Section numbers in the findings refer to that text, linked below; transparency and hidden-provision scores are compared against the median of 16,222 analysed bills.
Status and sponsors — Congress.gov's bill record — actions, committee referrals and cosponsors — loaded nightly. The timeline shows status changes, not every procedural action.
As of — page rendered 2026-10-20.
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