U.S. Attorney General Pam Bondi issued a memorandum to all Department of Justice (DOJ) employees, outlining a comprehensive new policy on charging decisions, plea negotiations, and sentencing.
The policy, effective immediately, aims to ensure fairness, consistency, and adherence to the rule of law while explicitly prohibiting political bias or personal animosity in prosecutorial decisions.
The memorandum, titled General Policy Regarding Charging, Plea Negotiations, and Sentencing, emphasizes the DOJ’s mission to “do justice” and protect the public. It establishes clear guidelines for federal prosecutors, reinforcing the principles of fairness and impartiality in the criminal justice system.
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Charging Decisions:
Prosecutors are instructed to follow a two-step process when deciding whether to bring federal charges. First, they must determine whether federal charges are appropriate by considering factors such as probable cause, substantial federal interest, and alternatives to prosecution. Second, they must decide which charges are appropriate, guided by the principle of pursuing the “most serious, readily provable offense” in the absence of unusual circumstances. The policy explicitly prohibits prosecutors from being influenced by a person’s “political association, activities, or beliefs.”
Plea Bargaining:
The memorandum stresses that plea agreements must align with the seriousness of the defendant’s conduct and the charges initially filed. Prosecutors are barred from using charges as leverage to induce guilty pleas or abandoning serious charges (e.g., racketeering or terrorism) without significant justification. Any deviation from this policy requires approval from a U.S. Attorney or Assistant Attorney General and must be documented.
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Sentencing:
Prosecutors are required to provide complete and accurate information to the court, including all relevant facts and the defendant’s criminal history. Sentencing recommendations should be based on an individualized assessment of the offense and the defendant’s background. In most cases, sentences within the U.S. Sentencing Guidelines range will be deemed appropriate.
The policy comes in response to concerns about the potential weaponization of the justice system, particularly during politically charged cases.
Bondi’s memorandum references President Trump’s Executive Order 14147, which highlighted the need to prevent improper influence in federal and state prosecutions. The new guidelines aim to restore public trust in the DOJ by ensuring that prosecutorial decisions are free from political bias and personal animosity.
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The new policy represents a significant shift in the DOJ’s approach to charging, plea bargaining, and sentencing. By establishing clear guidelines and prohibiting political influence, the memorandum seeks to uphold the integrity of the justice system and ensure that all individuals are treated fairly under the law. As the policy takes effect, its impact on federal prosecutions and public trust in the DOJ will be closely watched.
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