Constitutional Opinion No. 2026-0191
Case Information
- Source
- U.S. Department of Justice — Office of the Attorney General
- Author
- Attorney General Merrick Garland
- Publication Date
- 2024-05-25
- Content Type
- Official Communication
- Opinion Issued
- 2026-07-02
- AFCS Version
- 1.0
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Holding
Attorney General Merrick Garland issued internal guidance to DOJ attorneys on maintaining political independence during election year prosecutorial decisions, directing that prosecutors may never select timing of actions to affect elections. The memo requires AG approval before investigating declared presidential candidates. The AFCS evaluates this memo in the context of the DOJ's actual conduct — two unprecedented federal indictments of the leading presidential candidate by an unconstitutionally appointed Special Counsel. The memo's stated principles are constitutionally sound in the abstract but function as institutional cover for the most politically motivated prosecutions in DOJ history. The Court scores this at 32 (Establishment).
Articles Triggered
The memo addresses prosecutorial accountability and political neutrality — core Article IX concerns — but the DOJ's actual conduct contradicts the stated principles
The memo directly addresses DOJ conduct during elections; its purported purpose is protecting election integrity through prosecutorial restraint
The AG approval requirement for presidential candidate investigations is a due process safeguard
Score Breakdown
| Article | Title | Weight | Score | Weighted |
|---|---|---|---|---|
| IX | Government Accountability | 10/10 | 28 | 280 |
| XI | Election Integrity | 7/10 | 30 | 210 |
| VI | Constitutional Liberty | 8/10 | 42 | 336 |
| Final | 010/107/108/10 | 32 | ||
| Sum of weighted contributions: 826 | ||||
It is the judgment of this Court that Opinion No. 2026-0191 is hereby entered into the record, in accordance with the America First Constitutional Standard. The score stands. The reasoning is published. The record is public.