Daniel Penny case: Could Trump DOJ investigate possible 'weaponization' in subway trial?

President Donald Trump has vowed to end what he has called the "weaponization" of the United States’ government – starting with Manhattan District Attorney Alvin Bragg's prosecution of Marine veteran Daniel Penny. 

Shortly after returning to the White House, Trump signed a pair of executive orders pledging to protect citizens from unjust prosecution and end federal censorship, while directing his administration to investigate previous actions by federal agencies under the Biden presidency. 

"These actions appear oriented more toward inflicting political pain than toward pursuing actual justice or legitimate governmental objectives," Trump wrote in the order titled "Ending the Weaponization of the Federal Government." 

OBAMA-ERA PROSECUTOR'S PROBE INTO BLUE STATE POLICE RACIAL BIAS CLAIMS CALLED ‘UNTENABLE’ FOR TROOPERS

The orders aim to shield Americans from government officials looking to potentially flex prosecutorial authority and could employ the same legal principle used by the Biden administration to investigate political adversaries. 

"The prior administration and allies throughout the country engaged in an unprecedented, third-world weaponization of prosecutorial power to upend the democratic process," the order states. 

Former Deputy Assistant Attorney General John Yoo wrote in an opinion piece, published in the New York Post, that Trump's executive orders will protect individuals from costly and publicly humiliating court cases brought on by prosecutors to shoehorn a specific narrative.

"Much of the effort to end lawfare will focus, as it should, on the Democrats’ use of federal and state prosecution to cripple candidate Trump," Yoo wrote. "But the Trump Justice Department must also counter the misuse of prosecutorial authority against people with far less resources and fame."

Penny’s indictment and subsequent acquittal by a New York City grand jury is a prime example of government overreach, Yoo noted.

Bragg brought charges against Penny for the 2023 chokehold death of Jordan Neely on the city’s subway system. Penny – who stepped in as Neely was threatening passengers – was found not guilty last year of criminally negligent homicide. Prosecutors previously dropped the top charge, second-degree manslaughter, after jurors could not agree on that count.

Yoo said Penny's indictment was unnecessary and set a dangerous precedent of government officials targeting citizens to make a political statement. 

DANIEL PENNY DEFENSE EYES MANHATTAN DA ALVIN BRAGG FOR POTENTIAL MALICIOUS PROSECUTION LAWSUIT

"Freedom from racial discrimination is a central constitutional right, so Trump’s Justice Department should investigate whether Bragg and his office considered race in making their decision to prosecute Penny for murder," he wrote.

While Trump does not have the ability to remove Bragg, who operates on the state level, he can instruct the Department of Justice to investigate state and local officials. Federal statute 18 U.S.C. 242 protects against officials using the law to deny an individual rights protected under the Constitution and is typically charged as a misdemeanor. 

"Prosecuting under [this statute] for ‘close calls’ like [Daniel Penny] could be seen as overreach, potentially undermining public trust in the justice system," federal defense attorney Ronald Chapman II told Fox News Digital. "The statute should be reserved for unmistakable cases where intent to violate rights is evident." 

GEORGIA LAWMAKERS CAN SUBPOENA FANI WILLIS FOR INFORMATION RELATED TO TRUMP CASE, COURT RULES

The statute can be applied to district attorneys, judges, police officers or any other official with "power vested by a government entity," according to the Department of Justice. 

As president, Trump can order federal reforms to fight against abuse and remove officials accused of misconduct – opening up the door for potential investigations into high-profile officeholders, such as Bragg.

Using the federal statute and freshly minted executive order, the administration could also provide protection for "parents protesting at school board meetings, Americans who spoke out against the previous administration’s actions, and other Americans who were simply exercising constitutionally protected rights."

"The scales of justice will be rebalanced," Trump told the country during his inauguration address. "The vicious, violent and unfair weaponization of the Justice Department and our government will end."

The Department of Justice and Bragg's office did not immediately respond to Fox News Digital’s request for comment.