EO 14147: Ending The Weaponization Of The Federal Government

Executive Orders

TLDR

This executive order mandates a review of federal law enforcement and intelligence activities from 2021-2024, requiring the Attorney General and DNI to audit cases for potential political bias, particularly focusing on school board protests, January 6 prosecutions versus BLM cases, and alleged targeting of administration critics.

Executive Order 14147 establishes a review process targeting perceived political weaponization of federal law enforcement and intelligence agencies during the prior administration. Key components include:

Core Provisions

  • Requires Attorney General to audit enforcement actions by DOJ/SEC/FTC over past 4 years for alleged political bias
  • Mandates DNI review of intelligence community activities during same period
  • Directs identification of cases where agencies allegedly targeted:
    • Parents at school board meetings
    • Administration critics
    • January 6 defendants vs BLM protesters

Notable Claims Requiring Scrutiny

  1. School Board Protests The order references DOJ actions against parents, likely alluding to 2021 memos about threats to educators. However, those memos specifically addressed violent threats while affirming First Amendment rights.

  2. Prosecution Disparities While 1,500+ January 6 cases were prosecuted, the claim that “nearly all” BLM-related cases were dropped conflicts with DOJ data showing 300+ prosecutions for 2020 civil unrest.

  3. Meme Prosecution The referenced case (U.S. v. Harshaw) involved death threats against federal agents, not merely sharing political memes.

Legal Considerations

  • Relies on 3 U.S.C. §301 for authority to reassign executive functions
  • Contains standard provisions preserving OMB authority and disclaiming private rights of action
  • Lacks clear standards for defining “weaponization,” creating potential for subjective application

Implementation Challenges

  • Retroactive review of prosecutorial discretion raises separation of powers concerns
  • No statutory remedy prescribed beyond reporting requirements
  • Document retention mandates could conflict with existing records schedules

This order establishes an investigative framework rather than immediate policy changes, focusing on compiling evidence of alleged prior misconduct. The effectiveness would depend on subsequent actions taken based on the required reports.

LITIGATION

  • 2025-02-04: 1:25-cv-00328 - The FBI Agents Association, John Does 1-4, and Jane Does 1-3 sued the Department of Justice over President Trump’s order for FBI agents to fill out a questionnaire on their work regarding the Jan. 6, 2021 attack on the U.S. Capitol and potentially fire agents and employees involed with the investigations. The suit alleges the order would violate the Privacy Act, the Administrative Procedures Act, the Mandamus under 28 U.S.C. § 1361, the First Amendment, and Due Process.
  • 2025-02-04: 1:25-cv-00325 - 9 current FBI agents/employees sued the Department of Justice over President Trump’s order to remove FBI personnel who participated in the Jan. 6 investifations and/or the investigations of President Donald Trump. The suit alleges the order violates the Civil Service Reform Act 5 U.S.C. §§2301 and 2303.

By the authority vested in me as President by the Constitution and the laws of the United States of America, and section 301 of title 3, United States Code, it is hereby ordered as follows:

Section 1.

Purpose.

The American people have witnessed the previous administration engage in a systematic campaign against its perceived political opponents, weaponizing the legal force of numerous Federal law enforcement agencies and the Intelligence Community against those perceived political opponents in the form of investigations, prosecutions, civil enforcement actions, and other related actions. These actions appear oriented more toward inflicting political pain than toward pursuing actual justice or legitimate governmental objectives. Many of these activities appear to be inconsistent with the Constitution and/or the laws of the United States, including those activities directed at parents protesting at school board meetings, Americans who spoke out against the previous administration’s actions, and other Americans who were simply exercising constitutionally protected rights.

The prior administration and allies throughout the country engaged in an unprecedented, third-world weaponization of prosecutorial power to upend the democratic process. It targeted individuals whovoiced opposition to the prior administration’s policies with numerous Federal investigations and politically motivated funding revocations, which cost Americans access to needed services. The Department of Justice even jailed an individual for posting a political meme. And while the Department of Justice has ruthlessly prosecuted more than 1,500 individuals associated with January 6, and simultaneously dropped nearly all cases against BLM rioters.

Therefore, this order sets forth a process to ensure accountability for the previous administration’s weaponization of the Federal Government against the American people.

Sec. 2.

Policy.

It is the policy of the United States to identify and take appropriate action to correct past misconduct by the Federal Government related to the weaponization of law enforcement and the weaponization of the Intelligence Community.

Sec. 3.

Ending the Weaponization of the Federal Government.

(a) The Attorney General, in consultation with the heads of all departments and agencies of the United States, shall take appropriate action to review the activities of all departments and agencies exercising civil or criminal enforcement authority of the United States, including, but not limited to, the Department of Justice, the Securities and Exchange Commission, and the Federal Trade Commission, over the last 4 years and identify any instances where a department’s or agency’s conduct appears to have been contrary to the purposes and policies of this order, and prepare a report to be submitted to the President, through the Deputy Chief of Staff for Policy and the Counsel to the President, with recommendations for appropriate remedial actions to be taken to fulfill the purposes and policies of this order.

(b) The Director of National Intelligence, in consultation with the heads of the appropriate departments and agencies within the Intelligence Community, shall take all appropriate action to review the activities of the Intelligence Community over the last 4 years and identify any instances where the Intelligence Community’s conduct appears to have been contrary to the purposes and policies of this order, and prepare a report to be submitted to the President, through the Deputy Chief of Staff for Policy and the National Security Advisor, with recommendations for appropriate remedial actions to be taken to fulfill the purposes and policies of this order. The term “Intelligence Community” has the meaning given the term in section 3003 of title 50, United States Code.

© In furtherance of these policies, departments and agencies are directed to comply with applicable document-retention policies and legal obligations. Instances of noncompliance with document-retention policies or legal obligations will be referred to the Attorney General.

Sec. 4. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

© This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

THE WHITE HOUSE,

January 20, 2025.