E. Jean Carroll Probe Smells of Vindictive Prosecution
NEWS & RESEARCH
In June 2019, New York Magazine published excerpts from a memoir by author and journalist E. Jean Carroll alleging that Donald Trump had sexually assaulted Carroll in a department store dressing room in the 1990s. When Trump denied the allegations, Carroll filed two separate lawsuits against him for defamation. In May 2023, a jury found Trump liable for sexual abuse and defamation and ordered him to pay Carroll $5 million. Another jury awarded her $83.3 million for her second defamation claim. The Second Circuit upheld both verdicts. In late May 2026, various news outlets reported that the U.S. Department of Justice (DOJ) had opened a criminal investigation into Carroll’s testimony and the funding of her litigation. Court filings revealed that some litigation expenses were funded through American Future Republic (AFR), a nonprofit backed by billionaire Reid Hoffman. The status of any investigation into Carroll, Hoffman, or AFR remains unclear: the US Attorney for the Northern District of Illinois, Andrew Boutros, denied that his office was investigating Carroll.
SOURCES: Newsweek | AP | CBS News | KCRA
ANALYSIS & OPINION
Critics see the possible investigation of Carroll as a corrupt abuse of the US government’s law firm to settle personal scores of the president. DOJ guidelines say the department’s work must be “impartial and insulated from political influence.” A baseless investigation of Carroll – or even the threat of an investigation – violates that ethic and ehe Due Process Clause of the US Constitution, which exists to protect individuals against arbitrary, vindictive, or retaliatory government actions. Weaponized, vindictive prosecutions create an environment of fear and erode the public’s faith in the DOJ and the American justice system as a whole.
SOURCES: Brennan Center | The Atlantic | Center for American Progress
HOW TO FIX IT
Federal action:
Pass the Protecting Our Democracy Act, introduced by Sen. Adam Schiff and Rep. Jamie Raskin, which would require the recording and disclosure of covered communications between the White House and the DOJ regarding ongoing or contemplated investigations or litigation.
Pass the Inspector General Access Act (S. 3307/H.R. 4612), a bipartisan measure that would place the authority to investigate alleged misconduct by DOJ attorneys with the Inspector General’s office to provide more independent oversight.
Legislation: S.2838 - Protecting Our Democracy Act | S.3307 - Inspector General Access Act
