HR 1789
Promptly Ending Political Prosecutions and Executive Retaliation Act of 2025
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Bill overview
This bill, the Promptly Ending Political Prosecutions and Executive Retaliation Act, aims to clarify and expand the ability of current and former high-ranking federal officials, including the President, Vice President, and former Presidents, to remove state criminal and civil cases to federal court. It establishes a presumption of immunity for these officials in such cases, which can only be overcome by demonstrating that their actions were not related to their official duties. The bill also modifies procedures for criminal prosecutions to streamline removal and dismissals.
Key provisions
- Expands the types of federal officials who can remove state cases to federal court.
- Establishes a presumption of immunity for current and former Presidents, Vice Presidents, and former federal officers in removable state cases.
- Modifies the federal officer removal statute to include former federal officers and clarify the basis for removal.
- Changes criminal prosecution procedures to streamline removal and dismissal processes.
- Allows the Attorney General to represent federal officials in state legal actions.
- Prohibits courts from limiting the scope of an official’s duties.
- Requires dismissal of state cases if their continued pendency would interfere with the President or Vice President’s duties.
Who is affected
- Current and former Presidents of the United States
- Current and former Vice Presidents of the United States
- Former federal officers
- State prosecutors and courts
- Federal officials
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Primary sponsor
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119th CONGRESS — 1st Session
H. R. 1789
IN THE HOUSE OF REPRESENTATIVES
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.
This Act may be cited as the Promptly Ending Political Prosecutions and Executive Retaliation Act
.
Section 1442 of title 28, United States Code, is amended—
in subsection (a)—
, upon a prima facie showing by the removing party that the standards for removal are met,after
removed by them; and
in paragraph (1)—
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
(including a discretionary exercise of any authority of such office)after
color of such office; and
by adding at the end of subsection (a) the following:
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.
Section 1455(b) of title 28, United States Code, is amended—
by striking shall not
and inserting shall
; and
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
;
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
in paragraph (5)—
by inserting summary dismissal or the
after does not order the
;
by striking an evidentiary hearing
and inserting a hearing
;
by inserting including dismissal under section 1456
after require
; and
by inserting or dismissal ordered
after permitted
.
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.
Chapter 89 of title 28, United States Code, is amended by adding at the end the following:
For purposes of making a determination of immunity under subsection (a), the following may not be admitted into evidence:
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.