Sec. 8. Attorneys fees and costs for meritless political targeting

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In this section, the term substantially prevailed , with respect to a party, means that the party has obtained relief through— a judicial order or an enforceable written agreement or consent decree; a voluntary or unilateral change in position by the Federal Government, if the claim of the party opponent is not insubstantial; or preliminary or permanent injunctive relief from the covered Government action that is not ultimately overturned. In connection with any proceeding in a Federal court relating to a covered Government action or covered enforcement claim, including a proceeding under section 5, 6, or 7, the court may order the United States to pay reasonable attorneys’ fees and costs to a party opponent if— with respect to a covered Government action or covered enforcement claim under criminal law— the prosecution was dismissed, the defendant was found not guilty, or pre-enforcement activities were enjoined by a court; and the party demonstrates that the covered Government action or covered enforcement claim was substantially motivated by protected speech or participation by the party; or with respect to a covered Government action or covered enforcement claim under civil law, the party— has substantially prevailed; and demonstrates that the covered Government action or covered enforcement claim was substantially motivated by protected speech or participation by the party.

Notwithstanding section 2678 or 2412 of title 28, United States Code, section 3006A of title 18, United States Code, section 617 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 ( 18 U.S.C. 3006A note), or any other provision of law (including related regulations), there shall not be a limit on the award of attorney’s fees and costs under subsection (b).

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18 USC 3006A

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Sec. 8

Attorneys fees and costs for meritless political targeting

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