What does REMOVAL OF CERTAIN ACTIONS. of Promptly Ending Political Prosecutions and Executive Retaliation Act of 2025 do?

This section amends Section 1442 of title 28, United States Code, regarding removal of certain actions. The amendment includes a prima facie showing requirement for removal. It modifies the standards for removal for officers of the United States and agencies. The President and Vice President are exempt from certain state court claims while in office. Former Presidents and Vice Presidents are also exempt for acts while in office.

What does PROCEDURE FOR REMOVAL OF CRIMINAL CASES. of Promptly Ending Political Prosecutions and Executive Retaliation Act of 2025 do?

This section amends Section 1455(b) of title 28, United States Code, regarding removal of criminal cases. The amendments change the conditions under which a judgment of conviction can be entered and a case can be removed. The changes apply to criminal prosecutions pending on or after the date of enactment.

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Promptly Ending Political Prosecutions and Executive Retaliation Act of 2025

Q: What does Preamble of Promptly Ending Political Prosecutions and Executive Retaliation Act of 2025 do?

This bill proposes to amend title 28, United States Code. The stated purpose is to clarify the removability of certain actions against current and former Presidents and other senior Executive officials.

Q: What does SHORT TITLE. of Promptly Ending Political Prosecutions and Executive Retaliation Act of 2025 do?

This bill is formally titled the Promptly Ending Political Prosecutions and Executive Retaliation Act of 2025.

Q: What does OFFICIAL IMMUNITY. of Promptly Ending Political Prosecutions and Executive Retaliation Act of 2025 do?

This section amends Chapter 89 of Title 28, United States Code, by adding Section 1456, titled 'Official Immunity'. It establishes a presumption of immunity for federal officials in cases removable under section 1442(a) from state law charges, which can only be rebutted by 'clear and convincing evidence' that the official was not acting under the color of office. Certain evidence, such as the nature of the state law charge, is inadmissible when determining immunity. The Attorney General is authorized to represent federal officials or compensate private counsel in related cases. Courts are prohibited from defining or limiting the scope of duties for officials of the Executive Office of the President. In cases removed under specific subsections of 1442(a), the case will be dismissed unless clear and convincing evidence shows the state claim won't interfere with presidential duties. The amendments apply to civil actions or criminal prosecutions pending or commenced on the date of enactment.

Last updated: 3/21/2025 · Introduced: 3/3/2025

Author: Russell Fry (R-SC)

TL;DR (AI)

This bill amends federal law to allow current and former Presidents and Vice Presidents to seek removal of certain state court actions related to their official duties.
It establishes a presumption of immunity for federal officials facing removable state law charges, requiring plaintiffs to present 'clear and convincing evidence' to overcome this presumption.
The bill modifies procedures for removing criminal cases and restricts courts from limiting the duties of Executive Office of the President officials.

119th Congressin committeeOfficial page

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Includes provisions on preamble, short title., and 3 more.

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