The "Promptly Ending Political Prosecutions and Executive Retaliation Act of 2025" expands the conditions for removing legal actions involving federal officials, including the President and Vice President, to federal court, and establishes official immunity protections.
Russell Fry
Representative
SC-7
The "Promptly Ending Political Prosecutions and Executive Retaliation Act of 2025" modifies the process for removing legal actions involving federal officials to a different jurisdiction, especially concerning the President, Vice President, and former holders of those offices. It establishes a clearer path for federal officials to claim immunity from state charges in federal court, presuming immunity unless proven otherwise by clear and convincing evidence. The Act also restricts the evidence courts can consider when determining immunity and ensures legal representation for federal officials in these cases. These changes apply retroactively to ongoing cases and those initiated after the Act's enactment.
Federal Officials Get Broad Immunity in New Bill: State Cases Could Be Blocked
The "Promptly Ending Political Prosecutions and Executive Retaliation Act of 2025" makes it easier for federal officials, including current and former Presidents and Vice Presidents, to move state-level legal cases to federal court and significantly boosts their immunity from prosecution. The core purpose? To shield federal officials from what's framed as potentially biased state-level legal actions. (SEC. 1)
Shifting the Courtroom Battleground
This bill changes the rules for when a case can be moved from state to federal court. Under the new rules, if a federal official claims the case relates to their official duties, it's almost automatically moved to federal court. (SEC. 2). For example, if a former President is charged with a state crime related to actions taken while in office, they can now have that case moved to federal court simply by asserting it was part of their job. This applies even if the case has already started in state court. (SEC. 3).
Immunity Gets a Major Upgrade
This is where the bill really flexes. It creates a strong presumption of immunity for federal officials in cases moved to federal court. (SEC. 4). Basically, unless there's "clear and convincing evidence" that an official was acting completely outside their official duties, they're protected from state law charges. This means the specifics of the state law charge, or even unofficial actions, can't be considered when determining immunity. Think of it like this: a federal agent accused of overstepping their authority during an arrest could be shielded unless it's proven beyond doubt they weren't acting in their official capacity.
For the President and Vice President, the protection is even stronger. Cases against them must be dismissed unless it's proven that the state's case wouldn't interfere with their duties. (SEC. 4). Plus, the bill says courts can't limit what counts as part of the duties of officials in the Executive Office of the President. (SEC. 4).
Real-World Roadblocks
The bill removes restrictions on when a criminal case can be moved to federal court and clarifies that a conviction can't happen unless the case is sent back to the state court. (SEC. 3). If the federal court doesn't immediately see a reason to keep the case, it can hold a hearing or just dismiss it. (SEC. 3). The bill also lets the Attorney General represent federal officials in these cases or pay for private lawyers. (SEC. 4).
This law isn't just for future cases. It applies to any civil or criminal case that's ongoing or starts after the bill is enacted. (SEC. 2-4).