Russell Fry (R-SC)
Promptly Ending Political Prosecutions and Executive Retaliation Act of 2025
A Republican bill with no cosponsors
Last activity — Placed on the Union Calendar, Calendar No. 18.
Cleared committee, waiting for its first floor vote
A committee approved it and it is on the calendar of the chamber it started in.
This is further than most bills get, and still no promise of a vote: the calendar is a queue, and the majority leadership decides what is called. A bill can sit here until the Congress ends.
Its path through Congress
- Introduced
- On Calendar
What this bill would do
This bill, titled the "Promptly Ending Political Prosecutions and Executive Retaliation Act of 2025," aims to amend title 28 of the United States Code. It focuses on clarifying how certain legal actions against current and former Presidents, Vice Presidents, and senior Executive officials can be moved from state to federal court. The legislation establishes a presumption of immunity for federal officials against state law charges or claims. It also updates procedures for the removal of criminal cases to federal court. Additionally, it allows the Attorney General to represent these officials or pay for their private counsel.
Yes
No question was scored yes.
The opposite
- Scored -7
Does this leave more decisions to the states?
The bill limits the ability of state courts to prosecute or litigate against federal officials by providing removal to federal court and a presumption of immunity.
- Scored -6
Does this protect the right to fair treatment by the courts?
The bill creates a presumption of immunity that can only be rebutted by clear and convincing evidence and restricts the evidence admissible to challenge it.
- Scored -3
Does this make what the government does easier for the public to see?
The bill restricts the types of evidence that can be admitted in court regarding the nature of charges against officials, which may limit public insight into legal proceedings.
Who it would affect, and how
Potential Positive Impacts for People
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Enhanced Protections for Executive Officials: The bill provides specific removal protections for the President or Vice President regarding acts while in office, or if state court proceedings might interfere with their duties (Section 2(a)).
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Legal Support for Officials: The Attorney General is granted the authority to represent federal officials or compensate their private lawyers for charges or claims made under state law (Section 4(c)).
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Presumption of Immunity: Federal officials are granted a presumption of immunity from state law charges or claims, which can only be overturned by clear and convincing evidence regarding whether they were acting under the color of their office (Section 4(a)).
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Streamlined Criminal Case Removal: The bill modifies procedures to ensure that criminal prosecutions are moved to federal court promptly upon a prima facie showing (Section 3(a)).
Potential Negative Impacts for People
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Increased Burden of Proof for Opposing Parties: To rebut the presumption of immunity, a party must provide "clear and convincing evidence" that an official was not acting under the color of their office (Section 4(a)).
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Restrictions on Evidence: In determining immunity, courts are prohibited from admitting evidence regarding the nature, elements, or any other aspect of the state law charge or claim (Section 4(b)(1)).
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Limitations on Legal Challenges: Courts are prohibited from defining or limiting the scope of the duties of any official within the Executive Office of the President (Section 4(d)).
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Difficulties in Maintaining State Claims: For certain actions involving the President or Vice President, cases must be dismissed unless it is proven by clear and convincing evidence that the state charge would not interfere with or delay their duties (Section 4(e)).
Groups and Interests Ranking
Every group the model scored this bill for, from -10 to +10. Tap or hover a score for the reason it gave.
- Governance And Ideology
- Does this leave more decisions to the states? — The bill limits the ability of state courts to prosecute or litigate against federal officials by providing removal to federal court and a presumption of immunity. Does this protect the right to fair treatment by the courts? — The bill creates a presumption of immunity that can only be rebutted by clear and convincing evidence and restricts the evidence admissible to challenge it. Does this make what the government does easier for the public to see? — The bill restricts the types of evidence that can be admitted in court regarding the nature of charges against officials, which may limit public insight into legal proceedings.
- 3/21/2025
- Reported (Amended) by the Committee on Judiciary. H. Rept. 119-28.
- Placed on the Union Calendar, Calendar No. 18.
- 3/5/2025
- Committee Consideration and Mark-up Session Held
- Ordered to be Reported (Amended) by the Yeas and Nays: 14 - 11.
- 3/3/2025
- Referred to the House Committee on the Judiciary.
- Introduced in House