The Bivens Act Is Not a Shield for Knowing Misconduct by Federal Employees

I’m writing as your constituent to urge you to support the Whitehouse–Johnson “Bivens Act” legislation proposed under the title of the Constitutional Accountability Act. The central point is simple: when federal officials violate constitutional rights, there must be an effective mechanism for accountability. Without meaningful damages remedies, the people harmed by unconstitutional misconduct too often have no practical path to relief—especially when courts impose escalating barriers to suing. This matters for deterrence and compliance. Even well-designed internal oversight can fail to prevent recurring misconduct when individual bad actors face little or no personal risk. The four news reports I read illustrate the real-world consequences: charges dismissed after serious allegations arise; cases collapsing because the government’s conduct or evidentiary basis cannot be sustained; and the public impact of federal investigations that should never have been weaponized the way they were. I fully support the general idea of protecting federal employees’ ability to perform their duties without fear of frivolous lawsuits. That protection can be preserved through carefully drafted procedural and substantive safeguards. But the Bivens Act must not become an absolute shield for knowing wrongdoing. Recent cases involving cases as diverse as those against David Hearns, James Comey, Kilmar Abrego, and Letitia James require another look at the Bivens Act. In particular, carve-outs are required when (1) false information is knowingly supplied to federal prosecutors or courts in a manner that materially drives the initiation or continuation of prosecution; (2) the prosecution is initiated for political reasons or otherwise involves improper selection or retaliation; and/or (3) constitutionally protected rights are impugned—especially when core procedural protections are undermined. A statute that restores meaningful accountability while preserving protections for good-faith conduct would strengthen the rule of law. I ask you to please work to get this bill assigned to Committee and vote in favor of the Constitutional Accountability Act when it comes to the floor. I ask you to support robust carve-outs in the Bivens Act for knowing fabrication, political prosecutions, and constitutional rights violations.