This legislation significantly amends title 28 of the United States Code to clarify and expand the removability of certain civil and criminal actions against federal officials from state to federal court. It broadens the scope of individuals who can remove proceedings, explicitly including both current and former federal officers , such as the President and Vice President. The bill also clarifies that actions taken "under color of office" encompass discretionary exercises of authority, and removal requires a prima facie showing that standards are met. A key provision allows the President or Vice President to remove actions for any act while in office, or if a state court's consideration of a claim could interfere with their official duties. Former Presidents and Vice Presidents are similarly enabled to remove actions related to their time in office. These expanded removal provisions apply to all pending and future civil and criminal cases. The bill establishes a new section creating a strong presumption of official immunity for federal officials in removed cases, grounded in the Supremacy Clause. This immunity can only be rebutted by clear and convincing evidence that the official was not acting under the color of their office. Importantly, certain evidence, such as the nature of the state charge or unrelated alleged official acts, cannot be admitted when determining immunity. For cases specifically involving the President or Vice President, the legislation mandates dismissal unless clear and convincing evidence demonstrates that the state claim would not interfere with their official duties. Additionally, the Attorney General is authorized to represent or compensate private counsel for federal officials in these removed cases, reinforcing federal support for officials facing state actions.
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Timeline
Introduced in House
Referred to the House Committee on the Judiciary.
Ordered to be Reported (Amended) by the Yeas and Nays: 14 - 11.
Committee Consideration and Mark-up Session Held
Placed on the Union Calendar, Calendar No. 18.
Reported (Amended) by the Committee on Judiciary. H. Rept. 119-28.
Introduced in House
Referred to the House Committee on the Judiciary.
Ordered to be Reported (Amended) by the Yeas and Nays: 14 - 11.
Committee Consideration and Mark-up Session Held
Placed on the Union Calendar, Calendar No. 18.
Reported (Amended) by the Committee on Judiciary. H. Rept. 119-28.
Law
Federal officialsJudicial procedure and administrationPresidents and presidential powers, Vice PresidentsState and local courts
Promptly Ending Political Prosecutions and Executive Retaliation Act of 2025
USA119th CongressHR-1789| House
| Updated: 3/21/2025
This legislation significantly amends title 28 of the United States Code to clarify and expand the removability of certain civil and criminal actions against federal officials from state to federal court. It broadens the scope of individuals who can remove proceedings, explicitly including both current and former federal officers , such as the President and Vice President. The bill also clarifies that actions taken "under color of office" encompass discretionary exercises of authority, and removal requires a prima facie showing that standards are met. A key provision allows the President or Vice President to remove actions for any act while in office, or if a state court's consideration of a claim could interfere with their official duties. Former Presidents and Vice Presidents are similarly enabled to remove actions related to their time in office. These expanded removal provisions apply to all pending and future civil and criminal cases. The bill establishes a new section creating a strong presumption of official immunity for federal officials in removed cases, grounded in the Supremacy Clause. This immunity can only be rebutted by clear and convincing evidence that the official was not acting under the color of their office. Importantly, certain evidence, such as the nature of the state charge or unrelated alleged official acts, cannot be admitted when determining immunity. For cases specifically involving the President or Vice President, the legislation mandates dismissal unless clear and convincing evidence demonstrates that the state claim would not interfere with their official duties. Additionally, the Attorney General is authorized to represent or compensate private counsel for federal officials in these removed cases, reinforcing federal support for officials facing state actions.