U.S. Circuit Judge Andrew Oldham, a prominent conservative voice and a potential nominee for the U.S. Supreme Court, issued a strong warning Thursday against using the criminal justice system to target political opponents. Speaking at the Federalist Society’s annual gathering in Washington, Oldham emphasized the critical need to ensure that no individual faces prosecution solely because of their political beliefs or candidacy.
Judge Oldham, whom President-elect Donald Trump appointed to the 5th Circuit Court of Appeals during his first term, delivered his keynote address to an audience of conservative lawyers and judges. He spotlighted the potential for prosecutors to abuse their authority, highlighting the dangers of politically motivated prosecutions.
“The power to prosecute is one of the most dangerous tools in the government’s arsenal,” Oldham stated. “We must ensure it is never wielded to punish political rivals or influence elections.”
The conference took place days after Trump’s decisive victory over Democratic Vice President Kamala Harris in the November 5 presidential election. With Republicans also securing control of Congress, the mood at the event reflected optimism and determination.
Oldham, a Texas native, injected some humor into his speech, joking, “And oh my gosh, how excited are we about last week’s blowout victory? By which I obviously mean the University of Texas Longhorns beating Florida,” drawing laughter and applause from the audience.
In his address, Oldham defended the independence of the federal judiciary against what he described as escalating “attacks” from the legislative branch. He criticized proposals to impose term limits on Supreme Court justices and efforts to expand—or “pack”—the court to dilute its conservative majority.
However, Oldham focused much of his remarks on the principle that the criminal justice system should not serve as a battleground for political disputes. “Political branches must settle their disagreements through elections and democracy, not through the misuse of prosecutorial power,” he asserted.
Oldham refrained from mentioning Trump directly but referenced historical instances of politically charged prosecutions during campaign seasons. His comments resonated with Trump’s longstanding argument that the criminal charges brought against him since leaving office in 2021 represent politically motivated “lawfare.”
Trump, convicted in a New York case over alleged hush money payments, also faces federal charges related to the 2020 election and classified documents. Trump and his allies maintain that these cases are baseless attempts to undermine his political resurgence.
Following Trump’s landslide victory, Special Counsel Jack Smith, who brought two of the federal cases, sought to pause proceedings, citing Trump’s impending return to the White House.
Throughout his campaign, Trump promised to expose corruption and hold accountable those who weaponized government power for political purposes. He pledged investigations into figures such as President Joe Biden, Kamala Harris, and others tied to the left.
Judge Oldham’s remarks aligned with Trump’s vision of restoring fairness and integrity to the justice system. By emphasizing the importance of judicial independence and warning against political witch hunts, Oldham underscored the need for accountability and restraint in the use of prosecutorial power.