Fact Check: "Federal prosecutors will lose control over which criminals to investigate."
What We Know
The claim that "Federal prosecutors will lose control over which criminals to investigate" stems from recent changes in policy regarding the prosecution of regulatory offenses. According to a White House executive order issued in May 2025, the administration aims to reduce the regulatory burden on citizens and limit the criminalization of regulatory offenses. This order emphasizes that criminal enforcement should be disfavored for regulatory offenses and that prosecutions should focus on individuals who knowingly violate regulations, thereby causing substantial public harm.
Additionally, a memorandum from the Department of Justice (DOJ) outlines new policies that prioritize civil enforcement over criminal prosecution for many regulatory offenses, particularly those that are considered "strict liability" offenses, where intent does not need to be proven for a conviction (source-4). This shift indicates a more selective approach to prosecution, potentially reducing the number of cases federal prosecutors can pursue.
Analysis
The assertion that federal prosecutors will lose control over investigations is partially true. The new policies indeed suggest a shift in focus away from criminal prosecutions for regulatory offenses, which could limit the scope of investigations federal prosecutors traditionally undertake. The executive order explicitly states that criminal enforcement is "disfavored" and that agencies should consider civil enforcement as a primary option (source-2).
However, it is crucial to note that this does not mean federal prosecutors will entirely lose control over their investigative powers. The DOJ still retains the authority to pursue criminal cases, particularly in instances where individuals knowingly engage in harmful conduct. The emphasis on prosecuting only those who are aware of their regulatory violations suggests a more targeted approach rather than a complete loss of control (source-4).
Moreover, while the intent behind these changes is to protect citizens from being unwittingly criminalized by complex regulations, critics argue that this could lead to a lack of accountability for corporate and white-collar crimes, as enforcement may become less aggressive (source-1).
The reliability of the sources used in this analysis is generally high, as they come from official government publications and reputable legal analyses. However, the interpretation of these policies can vary based on the perspectives of different stakeholders, including legal experts and advocacy groups.
Conclusion
Verdict: Partially True
The claim that federal prosecutors will lose control over which criminals to investigate is partially true. While the new policies do indicate a significant shift towards limiting criminal prosecutions for regulatory offenses, federal prosecutors still maintain the authority to investigate and prosecute cases where there is clear intent and substantial harm. Thus, while their control may be limited in certain contexts, it is not entirely relinquished.
