Promptly Ending Political Prosecutions and Executive Retaliation Act of 2025
Sponsored By: Representative Rep. Fry, Russell [R-SC-7]
In Committee
Summary
This bill would expand federal removal rights and create a strong presumption of official immunity for Presidents, Vice Presidents, and other senior executive officials. It would let those officials move many state civil cases and criminal prosecutions into federal court and give the Attorney General a clear role in defending them.
Show full summary
- Current and former Presidents and Vice Presidents could remove state actions tied to acts while in office. Cases removed under the bill must be dismissed unless prosecutors prove by clear and convincing evidence that keeping the case would not interfere with Presidential or Vice Presidential duties.
- High‑ranking federal officers, including former officers, could remove suits for acts done in or related to their office, including discretionary decisions. Those officials get a presumptive constitutional immunity that is rebuttable only by clear and convincing evidence, and the Attorney General may represent them or pay private counsel at a reasonable prevailing rate.
- Criminal‑removal procedure would require prompt removal when a prima facie basis exists, allow dismissal or summary dismissal, replace an "evidentiary hearing" with a hearing, and bar certain evidence when courts decide immunity questions.
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 3 benefits, 0 costs, 0 mixed.
Easier for presidents and officials to remove cases
This bill would expand who can move a state case to federal court. It would let current and former federal officers, including Presidents and Vice Presidents, remove cases tied to acts while in office. People acting under those officers could also remove. Acts that use discretionary official power would count. It would also allow removal if a state case could interfere with a sitting President’s or Vice President’s duties. These rules would apply to cases pending on enactment or filed after that date.
Stronger immunity and lawyers for officials
This bill would create a strong presumption that federal officials are immune from some state-law charges or claims once a case is removed. Only clear and convincing evidence could overcome that presumption. The Attorney General could represent the official or pay for private counsel at a reasonable prevailing rate. Courts would bar some evidence in deciding immunity and could not narrow the duties of the Executive Office of the President. Cases against a President or Vice President removed under the new rules would be dismissed unless clear and convincing proof shows keeping the case would not interfere with their duties. These rules would apply to cases pending on enactment or filed later.
Quicker federal court removal in prosecutions
This bill would require prompt removal once an official makes a basic (prima facie) showing that removal standards are met. No conviction could be entered unless the case is sent back to state court. Hearings could be brief and allow summary dismissal or dismissal under the new immunity rules. These changes would apply to cases pending on enactment or filed after that date.
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Sponsors & CoSponsors
Sponsor
Rep. Fry, Russell [R-SC-7]
SC • R
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
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