The 2025 government shutdown didn’t stop federal criminal prosecutions or investigations, but it did expose how fragile the system is when Congress cuts off money. DOJ and the courts kept prosecutions, grand juries, and trials moving by forcing “essential” staff to work without pay, while the Criminal Justice Act program collapsed, leaving panel lawyers unpaid, at least one federal death-penalty case halted, and clear Sixth Amendment violations on the record. The net effect was simple: the government’s ability to prosecute was preserved, but the fairness and quality of defense—especially for indigent defendants—took the hit.

A federal judge in the Eastern District of Virginia dismissed headline-grabbing criminal cases against former FBI Director James Comey and NY Attorney General Letitia James based on the improper appointment of the interim U.S. attorney who obtained the indictments, holding she had no legal authority to prosecute. The ruling underscores that violations of 28 U.S.C. § 546 and the Vacancies Act can render entire prosecutions void and signals that courts are prepared to scrutinize interim and acting U.S. attorney appointments, which have become more prevalent in the current Trump administration.

The 2025 Federal Sentencing Guidelines took effect on November 1, 2025. Changes to the Guidelines since last year include eliminating “departures” from the Guidelines, increasing judicial discretion in imposing terms of supervised release (and often in favor of leniency), and resolving circuit splits regarding enhancements for offenses involving “physical restraint,” “intervening arrests,” minor role reductions, firearms, and criminal history calculations.