H.R. 1789 — Promptly Ending Political Prosecutions and Executive Retaliation Act of 2025

This section amends the federal officer removal statute by (1) requiring, in subsection (a), a prima facie showing by the removing party that removal standards are met, (2) expanding removability under subsection (a)(1) to persons who are, at the time of removal, or were previously U.S. officers (or acting under them) and clarifying that acts under color of office include discretionary exercises of authority, and (3) adding new paragraphs (a)(5) and (a)(6) to allow removal of actions against the President or Vice President (current or former) for acts while in office or, for current officeholders, where state court consideration may interfere with, hinder, burden, or delay their duties. The amendments apply to civil actions or criminal prosecutions pending on or commenced after the date of enactment.

This section revises the procedure for removal of certain criminal prosecutions from state to federal court under 28 U.S.C. §1455(b) as follows: (1) requires the district court to order removal and prohibits entry of any judgment of conviction unless the prosecution is first remanded; (2) mandates removal upon a prima facie showing demonstrating the basis for removal (previously discretionary after prompt review); and (3) authorizes the court, if not ordering removal, to issue summary dismissal or order a hearing (previously an evidentiary hearing), including dismissal under §1456, or permit remand or dismissal ordered by the state court. The amendments apply to criminal prosecutions pending on the date of enactment or commenced thereafter. (As background, §1455 permits removal of state criminal cases alleging violations of specified federal laws, such as RICO or securities statutes, to streamline federal oversight.)

This section adds a new section 1456 to chapter 89 of title 28, United States Code, establishing a presumption of immunity for federal officials under the Supremacy Clause from any state law charge or claim in cases removable under the federal officer removal statute (28 U.S.C. 1442(a)), rebuttable only by clear and convincing evidence that the official was not acting under color of office or federal authority for apprehending criminals or collecting revenue. (As background, 28 U.S.C. 1442(a) permits removal to federal court of state proceedings against federal officials for acts under color of federal office.) For immunity determinations, courts may not admit evidence of the state charge's nature or elements or of unrelated official acts. The section authorizes the section authorizes the Attorney General to represent such officials or compensate private counsel at reasonable prevailing rates; prohibits courts from defining or limiting duties of Executive Office of the President officials; and requires dismissal of cases removable under 1442(a)(5) or (6) unless clear and convincing evidence shows the state claim does not interfere with President or Vice President duties. (Thus, these provisions expand federal court protections for officials, particularly those near the President, against state prosecutions or suits.) The amendments apply to civil actions or criminal prosecutions pending on or commenced after the date of enactment.