I 
119TH CONGRESS 
1ST SESSION H. R. 1789 
To amend title 28, United States Code, to clarify the removability of certain 
actions against current and former Presidents and other senior Executive 
officials, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 3, 2025 
Mr. FRY introduced the following bill; which was referred to the Committee 
on the Judiciary 
A BILL 
To amend title 28, United States Code, to clarify the remov-
ability of certain actions against current and former 
Presidents and other senior Executive officials, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Promptly Ending Po-
litical Prosecutions and Executive Retaliation Act’’. 
SEC. 2. REMOVAL OF CERTAIN ACTIONS. 
(a) IN GENERAL.—Section 1442 of title 28, United 
States Code, is amended— 
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(1) in subsection (a)— 
(A) in the matter preceding paragraph (1), 
by inserting ‘‘, upon a prima facie showing by 
the removing party that the standards for re-
moval are met,’’ after ‘‘removed by them’’; and 
(B) in paragraph (1)— 
(i) by striking ‘‘or any officer (or any 
person acting under that officer) of the 
United States or of any agency thereof,’’ 
and inserting ‘‘or any person who, at the 
time of removal, is an officer of the United 
States (or any person acting under that of-
ficer) or of any agency thereof, or was pre-
viously such an officer,’’; and 
(ii) by inserting ‘‘(including a discre-
tionary exercise of any authority of such 
office)’’ after ‘‘color of such office’’; and 
(2) by adding at the end of subsection (a) the 
following: 
‘‘(5) The President or Vice President for or re-
lating to any act while in office or where the State 
court’s consideration of the claim or charge may 
interfere with, hinder, burden, or delay the execution 
of the duties of the President or the Vice President. 
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‘‘(6) A former President or Vice President for 
or relating to any act while in office.’’. 
(b) APPLICATION.—The amendments made by sub-
section (a) shall apply to a civil action or criminal prosecu-
tion pending on the date of enactment of this Act or com-
menced on or after such date. 
SEC. 3. PROCEDURE FOR REMOVAL OF CRIMINAL CASES. 
(a) IN GENERAL.—Section 1455(b) of title 28, 
United States Code, is amended— 
(1) in paragraph (3)— 
(A) by striking ‘‘shall not’’ and inserting 
‘‘shall’’; and 
(B) by striking ‘‘except that a judgment of 
conviction shall not be entered unless the pros-
ecution is first remanded’’ and inserting ‘‘and 
no judgment of conviction shall be entered un-
less the prosecution is remanded’’; 
(2) in paragraph (4), by striking ‘‘promptly. If’’ 
and inserting ‘‘promptly and where a prima facie 
showing demonstrating the basis for removal is 
made, the matter shall be removed. Only if’’; and 
(3) in paragraph (5)— 
(A) by inserting ‘‘summary dismissal or 
the’’ after ‘‘does not order the’’; 
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(B) by striking ‘‘an evidentiary hearing’’ 
and inserting ‘‘a hearing’’; 
(C) by inserting ‘‘including dismissal under 
section 1456’’ after ‘‘require’’; and 
(D) by inserting ‘‘or dismissal ordered’’ 
after ‘‘permitted’’. 
(b) APPLICATION.—The amendments made by sub-
section (a) shall apply to criminal prosecutions pending 
on the date of enactment of this Act or commenced on 
or after such date. 
SEC. 4. OFFICIAL IMMUNITY. 
(a) IN GENERAL.—Chapter 89 of title 28, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 1456. Official Immunity 
‘‘(a) IMMUNITY.—In any case that is subject to re-
moval under section 1442(a), a Federal official shall be 
presumed to have immunity under article VI, clause 2 of 
the Constitution of the United States from any charge or 
claim made by or under authority of State law which may 
only be rebutted by clear and convincing evidence that the 
official was not acting under the color of such office or 
on account of any right, title or authority claimed under 
any Act of Congress for the apprehension or punishment 
of criminals or the collection of the revenue. 
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‘‘(b) DETERMINATION OF IMMUNITY.—For purposes 
of making a determination of immunity under subsection 
(a), the following may not be admitted into evidence: 
‘‘(1) The nature, elements or any other aspect 
of the charge or claim made by or under authority 
of State law. 
‘‘(2) An act alleged to be official that is not the 
subject of the charge or claim made by or under au-
thority of State law. 
‘‘(c) REPRESENTATION.—In any case that is subject 
to removal under section 1442(a) that names a Federal 
official as a party, the Attorney General may— 
‘‘(1) represent such Federal official for any 
charge or claim made by or under authority of State 
law; or 
‘‘(2) compensate private counsel retained by 
such official at a reasonable prevailing rate for any 
such charge or claim. 
‘‘(d) PROHIBITION ON LIMITATION OF SCOPE.—No 
court may define or limit the scope of the duties of an 
official of the Executive Office of the President. 
‘‘(e) DISMISSAL.—In any action subject to removal 
under paragraph (5) or (6) of section 1442(a), such case 
shall be dismissed unless rebutted by clear and convincing 
evidence establishing that the continued pendency of the 
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State claim or charge would not in any way interfere, 
hinder, burden, or delay the execution of the duties of the 
President or Vice President.’’. 
(b) APPLICATION.—The amendments made by this 
section shall apply to civil actions or criminal prosecutions 
pending on the date of enactment of this Act or com-
menced on or after such date. 
Æ 
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