Reports that the Department of Justice is investigating E. Jean Carroll, who won an $83 million civil lawsuit against President Trump in 2024, are creating a political dilemma for Senate Republicans heading into June budget reconciliation debates.

The New York Times reported Thursday that Andrew S. Boutros, a Trump-appointed U.S. attorney for the Northern District of Illinois, launched the investigation focused on whether Carroll committed perjury during her 2022 deposition when she stated she had not received outside money to fund her lawsuits against the president. CNN reported the probe centers on potential perjury charges tied to Carroll's testimony.

Boutros later released a statement on social media denying his office opened an investigation into Carroll, writing: "In light of wide-spread reporting and intense media and public interest into the E. Jean Carroll matter in New York, the Chicago U.S. Attorney's Office can confirm that it has not opened—and has never opened—a criminal investigation into E. Jean Carroll. Any claim to the contrary is categorically false."

Senate Democrats are expected to force difficult votes on Justice Department practices when the reconciliation package reaches the Senate floor next month, potentially during a vote-a-rama that allows unlimited amendments.

What the Left Is Saying

Senate Minority Leader Chuck Schumer has not detailed what amendments Democrats will pursue but indicated his caucus would use the reconciliation debate to challenge DOJ priorities. The investigation comes as Senate Republicans last week delayed consideration of their budget package partly because of concerns about defending the Justice Department's proposed $1.776 billion "anti-weaponization" fund.

Sen. Peter Welch (D-Vt.), a member of the Senate Judiciary Committee, said in a statement: "The Department of Justice is focused on revenge, not justice. 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.) condemned the investigation on social media, stating: "First, Trump weaponized the DOJ to target his political enemies. Now, perversely, he's targeting E. Jean Carroll, the woman who credibly and successfully sued him for sexual assault. He's using the power of the DOJ to go after his own victims. It's a vile attack on the rule of law and a disgusting insult to victims everywhere."

Sen. Sheldon Whitehouse (D-R.I.), another senior Judiciary Committee member, argued: "This new investigation is more attempted retribution by the corrupt MAGA DOJ that is stocked with many of the same lawyers who got crushed by Carroll in court."

What the Right Is Saying

Some conservative voices criticized the reported investigation independently. Gregg Nunziata, a former Republican counsel to the Senate Judiciary Committee who now serves as executive director for the Society for the Rule of Law, said he hopes Republican senators will push back against what critics call politically motivated prosecutions.

"Ordinarily I would hesitate to prejudge any DOJ criminal investigation, but this is now after a well-established pattern of the Justice Department launching specious criminal investigations and indictments against the president's critics," Nunziata said. "The idea that a successful plaintiff in a civil suit against the president would be a target for criminal investigation is remarkable."

Nunziata argued Senate Republicans should object to DOJ's approach: "What the president is doing with the Justice Department in these prosecutions is completely indefensible, and his strongest defenders tend to say that the president is just doing to Democrats what Democrats did to him, which is, in other words, to implicitly say, 'This is wrong, we're just doing it, too.'"

Ed Whelan, a distinguished senior fellow at the Ethics and Public Policy Center's Antonin Scalia chair in constitutional studies, called the investigation an "outrageous abuse of power." Conservative commentator Jay Nordlinger wrote on social media that the probe represents "another impeachable offense" and "another grotesque abuse of power."

Sen. Thom Tillis (R-N.C.), a member of the Senate Judiciary Committee, expressed skepticism about similar recent prosecutions: "I can't find any evidence where '86' is used as a call for violence... It better be more than just the picture. There have to be facts and circumstances beyond that to convince me."

What the Numbers Show

Carroll won two civil judgments against Trump — $5 million in May 2023 for sexual abuse and defamation, and $83 million in January 2024 for additional defamation damages.

The Justice Department's proposed budget includes $1.776 billion designated as an "anti-weaponization" fund, which Senate Democrats have characterized as a potential "slush fund" for allies prosecuted during the Biden administration.

Senate Republicans delayed floor consideration of their reconciliation package last week partially due to objections from members who did not want to defend the DOJ funding proposal.

The Bottom Line

The Carroll investigation — and Boutros's subsequent denial — highlights ongoing tensions over DOJ independence. Senate Democrats plan to use June reconciliation proceedings to force votes on amendments targeting Justice Department investigations, though former GOP aides say crafting such amendments to comply with the Byrd Rule while actually stopping prosecutions presents significant procedural challenges.

Whether a bloc of Republicans would join Democrats in rebuking Trump-era prosecutions remains uncertain. Tillis's skepticism about recent cases suggests some Republican senators are willing to question DOJ's approach, but mainstream GOP leadership has not broken ranks publicly.