Matthew Lawrence Perna Act of 2025
The Matthew Lawrence Perna Act of 2025 is a introduced federal bill that seeks to shape how federal authorities handle nonviolent political protests and related prosecutions. Key provisions would (1) bar pretrial detention for people charged with nonviolent, protest-related offenses that are not violent crimes; (2) add “covered political protest offenses” to the Speedy Trial Act to ensure faster proceedings; (3) create civil remedies for what the bill calls “malicious overprosecution” and “malicious prosecution,” expanding potential accountability for federal prosecutors and agencies; (4) limit the use of national security authorities against U.S. citizens unless they are acting as an agent of a foreign power; (5) allow U.S. citizens to request information about their own surveillance or investigations without FOIA exemptions; (6) call for sentencing that aligns with minimum guideline ranges for covered political protest offenses; and (7) permit a defendant in D.C.-based cases to choose venue in the district that includes their primary residence. The bill defines “covered political protest offenses” as nonviolent offenses arising from political protest activities (not crimes of violence). Overall, the measure emphasizes protections for nonviolent protesters and tightens avenues for accountability in prosecutions, while introducing several new procedures and remedies that affect prosecutors, courts, and federal agencies.
Key Points
- 1Nonviolent protest detention protections: A person charged with a covered political protest offense (nonviolent and arising from protest activity) may not be detained under the pretrial detention provisions, provided they are not charged with a violence crime.
- 2Speedy trial for covered political offenses: The Speedy Trial Act is amended to explicitly cover “a covered political offense,” ensuring faster federal proceedings for these cases.
- 3Malicious overprosecution remedies: The bill adds “malicious overprosecution” to the list of prosecutorial misconduct claims that can be pursued as civil actions, and it defines malicious prosecution and malicious overprosecution (the latter as a prosecution grossly disproportionate to the conduct alleged).
- 4National security authority limitations: National security powers may not be used against U.S. citizens unless the citizen is intentionally acting as an agent of a foreign power or entity; the section broadens the definition of the relevant authorities.
- 5Venue flexibility for D.C. cases: In criminal trials involving offenses in the District of Columbia, defendants may choose venue in the district court that encompasses their primary residence, increasing defendant-controlled venue options.