H.R. 1789

119 HR 1789 IH: Promptly Ending Political Prosecutions and Executive Retaliation Act
 U.S. House of Representatives
 2025-03-03
 text/xml
 EN
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 I  119th CONGRESS  1st Session  H. R. 1789  IN THE HOUSE OF REPRESENTATIVES   March 3, 2025   Mr. Fry  introduced the following bill; which was referred to the  Committee on the Judiciary    A BILL
To amend title 28, United States Code, to clarify the removability of certain actions against current and former Presidents and other senior Executive officials, and for other purposes.
1.
Short title
This Act may be cited as the   Promptly Ending Political Prosecutions and Executive Retaliation Act  .
2.
Removal of certain actions
(a)
In general
Section 1442 of title 28, United States Code, is amended—
(1)
in subsection (a)—
(A)
in the matter preceding paragraph (1), by inserting  , upon a prima facie showing by the removing party that the standards for removal are met,  after  removed by them ; and
(B)
in paragraph (1)—
(i)
by striking  or any officer (or any person acting under that officer) of the United States or of any agency thereof,  and inserting  or any person who, at the time of removal, is an officer of the United States (or any person acting under that officer) or of any agency thereof, or was previously such an officer, ; and
(ii)
by inserting  (including a discretionary exercise of any authority of such office)  after  color of such office ; and
(2)
by adding at the end of subsection (a) the following:
(5)
The President or Vice President for or relating to any act while in office or where the State court’s consideration of the claim or charge may interfere with, hinder, burden, or delay the execution of the duties of the President or the Vice President.
(6)
A former President or Vice President for or relating to any act while in office.
 .
(b)
Application
The amendments made by subsection (a) shall apply to a civil action or criminal prosecution pending on the date of enactment of this Act or commenced on or after such date.
3.
Procedure for removal of criminal cases
(a)
In general
Section 1455(b) of title 28, United States Code, is amended—
(1)
in paragraph (3)—
(A)
by striking  shall not  and inserting  shall ; and
(B)
by striking  except that a judgment of conviction shall not be entered unless the prosecution is first remanded  and inserting  and no judgment of conviction shall be entered unless the prosecution is remanded ;
(2)
in paragraph (4), by striking  promptly. If  and inserting  promptly and where a prima facie showing demonstrating the basis for removal is made, the matter shall be removed. Only if ; and
(3)
in paragraph (5)—
(A)
by inserting  summary dismissal or the  after  does not order the ;
(B)
by striking  an evidentiary hearing  and inserting  a hearing ;
(C)
by inserting  including dismissal under section 1456  after  require ; and
(D)
by inserting  or dismissal ordered  after  permitted .
(b)
Application
The amendments made by subsection (a) shall apply to criminal prosecutions pending on the date of enactment of this Act or commenced on or after such date.
4.
Official immunity
(a)
In general
 Chapter 89  of title 28, United States Code, is amended by adding at the end the following:
1456.
Official Immunity
(a)
Immunity
In any case that is subject to removal under section 1442(a), a Federal official shall be presumed to have immunity under article VI, clause 2 of the Constitution of the United States from any charge or claim made by or under authority of State law which may only be rebutted by clear and convincing evidence that the official was not acting under the color of such office or on account of any right, title or authority claimed under any Act of Congress for the apprehension or punishment of criminals or the collection of the revenue.
(b)
Determination of immunity
For purposes of making a determination of immunity under subsection (a), the following may not be admitted into evidence:
(1)
The nature, elements or any other aspect of the charge or claim made by or under authority of State law.
(2)
An act alleged to be official that is not the subject of the charge or claim made by or under authority of State law.
(c)
Representation
In any case that is subject to removal under section 1442(a) that names a Federal official as a party, the Attorney General may—
(1)
represent such Federal official for any charge or claim made by or under authority of State law; or
(2)
compensate private counsel retained by such official at a reasonable prevailing rate for any such charge or claim.
(d)
Prohibition on limitation of scope
No court may define or limit the scope of the duties of an official of the Executive Office of the President.
(e)
Dismissal
In any action subject to removal under paragraph (5) or (6) of section 1442(a), such case shall be dismissed unless rebutted by clear and convincing evidence establishing that the continued pendency of the State claim or charge would not in any way interfere, hinder, burden, or delay the execution of the duties of the President or Vice President.
 .
(b)
Application
The amendments made by this section shall apply to civil actions or criminal prosecutions pending on the date of enactment of this Act or commenced on or after such date.