News that the Department of Justice has opened a criminal investigation into E. Jean Carroll—who won an $83 million defamation verdict against President Trump in 2024—is creating a political minefield for Senate Republicans. They will likely have to defend the probe on the Senate floor next month as Democrats prepare to force votes on what they call the weaponization of federal prosecutors.
The investigation, first reported by The New York Times and CNN, centers on whether Carroll committed perjury in a 2022 deposition where she stated she had not received outside funding for her lawsuits. But Trump-appointed U.S. Attorney Andrew S. Boutros in Chicago quickly denied his office had opened any such case, calling the reports “categorically false.”
Still, the controversy has already inflamed partisan tensions. Senate Democrats are expected to use the upcoming budget reconciliation vote-a-rama to offer amendments expressing disapproval of the DOJ’s targeting of Trump’s personal adversaries. While such measures may struggle to pass procedural hurdles under the Byrd Rule, a bipartisan vote against the probe would be an embarrassing rebuke to the president.
“The Department of Justice is focused on revenge, not justice,” said Sen. Peter Welch (D-Vt.), a member of the Senate Judiciary Committee. “There’s no question about it: This DOJ works on behalf of one man and one man alone—President Trump.”
Sen. Adam Schiff (D-Calif.), another Judiciary member and frequent Trump target, called the investigation “a vile attack on the rule of law.” He noted that the DOJ previously investigated him for mortgage fraud. “He’s using the power of the DOJ to go after his own victims,” Schiff said.
Gregg Nunziata, a former Republican Senate staffer and executive director of the Society for the Rule of Law, urged GOP senators to resist the pattern of targeting Trump’s critics. “What the president is doing with the Justice Department is completely indefensible,” he said. “His defenders say he’s just doing to Democrats what they did to him—implicitly admitting it’s wrong but doing it anyway.”
The timing is especially awkward for Senate Republicans. Last week they delayed floor consideration of the budget reconciliation package partly to avoid defending the DOJ’s proposed $1.776 billion “anti-weaponization” fund, which Democrats deride as a slush fund. Now they face renewed pressure as the Carroll probe dominates headlines.
The controversy also echoes broader concerns about Trump’s use of federal law enforcement. The administration has launched investigations into multiple political foes, and the Carroll case—given her successful civil suit for sexual assault—has drawn particular outrage. Commentators on The View have blasted the probe as a political vendetta, while former judges have urged courts to examine the administration’s broader pattern of targeting opponents.
As the Senate reconvenes next week, all eyes will be on whether Republicans break ranks. “I hope some Republican senators will put their foot down,” Nunziata said. “The idea that a successful plaintiff in a civil suit against the president would be a target for criminal investigation is remarkable.”
