Promptly Ending Political Prosecutions and Executive Retaliation Act of 2025

The bill would amend the federal officer removal statute (28 U.S.C. § 1442) to extend its protections to former federal officers, current and former Presidents, and current and former Vice Presidents. Under existing law, only current federal officers can invoke the statute to transfer a state civil action or criminal prosecution to federal court. The bill would allow former officers and the named executive officials to do the same, and would require federal courts to grant removal upon a prima facie showing that the standards are met. It would also modify the criminal-removal procedure statute (28 U.S.C. § 1455) to favor granting removal and to expand a court's ability to dismiss cases.

In addition, the bill would create a new federal statute (28 U.S.C. § 1456) establishing a presumption of immunity — grounded in the Constitution's Supremacy Clause — for any federal official in a removed case. That presumption could only be rebutted by clear and convincing evidence that the official was not acting under color of office. For sitting Presidents and Vice Presidents, state cases would face mandatory dismissal unless a court finds by clear and convincing evidence that continued litigation would not in any way interfere with their duties. The bill would also authorize the Attorney General to represent federal officials in these cases or to pay for private defense counsel.

Current and former federal officers — including former Presidents and Vice Presidents — facing state civil lawsuits or criminal prosecutions related to their official conduct. State prosecutors and state courts would lose jurisdiction over such cases once they are removed. Federal district courts would gain authority to rule on immunity and dismiss qualifying cases. The Attorney General and the Justice Department would gain a new role representing or funding the defense of affected officials.

If enacted, state-level criminal prosecutions or civil suits targeting former federal officers — including a former President — could be moved to federal court and dismissed under a new immunity presumption that requires the state to meet a high evidentiary standard. Cases involving a sitting President or Vice President would face mandatory dismissal absent extraordinary proof of no interference with their duties, effectively insulating those officials from state court proceedings while in office.

Upon a defendant's prima facie showing, a federal district court would be required to grant removal of the state case. The court would then apply the new 28 U.S.C. § 1456 immunity framework: the official is presumed immune and the state must rebut that presumption by clear and convincing evidence that the actions were outside the color of office. Certain types of evidence — including the nature of the state-law charge itself — are expressly excluded from the immunity determination. For cases involving the President or Vice President, dismissal is mandatory unless the state can show no interference with executive duties. The Attorney General may enter an appearance or authorize payment of private counsel at a prevailing market rate. All provisions apply to cases pending on the enactment date, not just future cases.