In a move that has already sparked significant debate, House Republicans have introduced a new bill aimed at exempting former presidents and vice presidents from state-level prosecutions. Sponsored by Rep. Russel Fry, a freshman from South Carolina, the “No More Political Prosecutions Act of 2023” proposes amendments to 28 U.S. Code § 1442 to allow former top executives to have all civil and criminal proceedings against them tried exclusively in federal court.
As it stands, the federal removal statute only applies to any officer of the courts of the United States relating to acts performed under the color of their office or in the performance of their duties. The proposed legislation aims to eliminate the requirement that the actions charged have any connection to the official duties of the president or vice president. This would effectively permit any charges to be moved away from state courts, insulating former high-ranking officials from state-level prosecutions.
The bill has garnered support from high-profile Republicans, including House Speaker Mike Johnson, who stated that politically motivated prosecutors should not wield unwarranted power for personal gain. “This legislation will prevent the political prosecutions of Presidents and Vice Presidents,” said Fry in a statement to Breitbart. However, it has not found unanimous support among Republicans, particularly those from swing states, according to Axios.
The timing of this bill follows the conviction of Donald Trump on 34 counts of creating false business records by a New York jury. Previous attempts to move Trump’s criminal cases to federal court have failed, such as his unsuccessful effort in 2023 when a judge ruled that paying his private lawyer for actions, including hush money payments, was not a presidential duty (Above the Law).
Legal scholars have raised serious constitutional questions regarding the bill. Georgetown Law Professor Steve Vladeck highlighted on Twitter that such legislation may face insurmountable challenges under Article III for creating federal jurisdiction over purely state crimes or civil suits based solely on the identity of one of the parties. Even Rep. Mike Johnson’s belief that the Supreme Court would swiftly overturn Trump’s conviction faces skepticism (Public Notice).
The “No More Political Prosecutions Act of 2023” remains a controversial and polarizing proposal, with its prospects for passage and potential constitutional issues leaving many questions unanswered.