I respectfully propose a “Politically-Motivated Prosecutions Act” that would grant defendants the right to introduce evidence and argue before a jury that the prosecution was motivated by political animus. I would extend that right to state courts as well as disciplinary authorities such as state bars. Insofar as most disciplinary proceedings are administrative, I would grant defendants / respondents the right to challenge the prosecution in a separate proceeding before a jury.
Finally, I would grant defendants the right to be tried by an impartial jury. Although the Sixth Amendment guarantees that right, it has been severely eroded by the political polarization of the United States. A member of the Trump family will never get a fair trial in far-left New York, for example, and a January 6th defendant will never get a fair trial in D.C., where the jury pool is 96 percent Democrat.