Here are the highlights of a few of the 14 Memoranda that Attorney General Pam Bondi signed on her first day in office yesterday. These are focused on white collar and environmental enforcement issues.

General Policy Regarding Zealous Advocacy on Behalf of the United States

• The Constitution vests Executive authority in the elected President of the United States. As DOJ lawyers, you are expected to zealously defend presidential policies and actions. If you refuse to do so, you can be disciplined or terminated. 

Restoring the Integrity and Credibility of the Department of Justice

• Invokes and echoes EO 14147 on Ending the Weaponization of the Federal Government.
• Establishes the Weaponization Working Group to review all activities that appear to have been designed to achieve political objectives, including Special Counsel Jack Smith, federal cooperation with NY prosecutors, J6 prosecutions, memos/guidance regarding investigation of Catholics and parents at school meetings as potential domestic terrorists, criminal prosecutions of non-violent abortion clinic protestors, and targeting whistleblowers [e.g. IRS agents in the Hunter Biden investigation].
• Twice (and once in bold) distinguishing problematic actors from anyone “who has acted with a righteous spirit and just intentions,” and “good-faith actions by federal employees simply following orders from superiors.”
• Working Group to provide quarterly reports to the White House.

General Policy Regarding Charging, Plea Negotiations, and Sentencing

• Charging Decisions – These are a two-step process: First, determine whether federal charges are appropriate; and second, what charges are appropriate.
  • Prosecutors may not be influenced by a person’s political, association, activities, or beliefs.
  • There is no place for “animosity or careerism, i.e., the possible effect of the decision on the attorney’s own professional or personal circumstances.”
  • Absent unusual facts, charge the most serious, readily provable offense.
    • This is not new, but there is emphasis on the phrase, “in the absence of unusual facts.” Where that is the case, different decisions can be made with approval and written justification.
• Plea Negotiations
  • Same considerations as in charging decisions, including “no room … for political animus or other hostility.”
  • May not use criminal charges to exert leverage to induce a guilty plea.
    • And plea agreements need to be consistent with the prosecutor’s assessment of the seriousness of the offense (absent significant mitigating or intervening circumstances).
• Sentencing
  • Prosecutors must exhibit complete candor with the court, the defendant, the probation office, and the public, and they must alert the court and the defendant to all known relevant facts and criminal history.
  • Sentencing recommendations are to be based on individualized assessments and consistent with the Sentencing Guidelines and the Justice Manual factors.
• Investigative and Charging Priorities
  • Immigration enforcement, including obstruction of immigration enforcement.
  • Human trafficking and smuggling.
    • Enhancing and elevating to the AG’s Office task forces focused on human trafficking, criminal gangs like TdA and MS-13, and cartels.
  • Protecting law enforcement personnel – aggressively investigating violence and obstruction of law enforcement and “backing and promoting the efforts of law enforcement when they are subjected to unfair criticism or attack.”
  • Shifting resources in the National Security Division
    • Disbanding NSD’s Foreign Influence Task Force
    • Criminal FARA limited to conduct similar to more traditional espionage by foreign government actors.
      • NSD Counterintelligence and Export Control Section, including the FARA Unit, to focus on civil enforcement, regulatory initiatives, and public guidance.
    • Disbanding NSD’s Corporate Enforcement Unit.
  • Shifting ATF Resources.
    • Shifting resources related to alcohol and tobacco enforcement to the above priorities …
      • … but not diverting resources from federal firearms licenses and background checks.

Reinstating the Prohibition on Improper Guidance Documents

• [The concern is that agencies issue “guidance” documents that they treat as having the weight of formally issued regulations, even though they did not go through that process (e.g., notice and comment periods, etc.)]
• This essentially returns to the previous Trump Administration policy prohibiting agencies from relying on “guidance” documents in enforcement actions.

Reinstating the Prohibition on Improper Third-Party Settlements

• [The concern here is that federal prosecutors often require payments to third parties in both civil settlements and criminal resolutions – in addition to civil penalties or criminal fines that go to the U.S. Treasury and in addition to restitution that directly compensates victims. For example, a plea agreement in an environmental case might include a “community service” payment to a habitat restoration group.]
• This essentially returns to the previous Trump Administration policy prohibiting the inclusion of these types of payments in civil and criminal settlements.

Rescinding “Environmental Justice” Memoranda

• Implementing President Trump’s withdrawal of President Biden’s Executive Orders related to climate change and environmental justice that prioritized enforcing environmental laws in cases affecting overburdened and underserved communities, including low-income communities, communities of color, and Tribal and Indigenous communities.
• Withdrawing all Biden Administration DOJ memoranda on Environmental Justice.
• “Going forward, the Department will evenhandedly enforce all federal and civil criminal laws, including environmental laws.”