HR 1789 — Promptly Ending Political Prosecutions and Executive Retaliation Act of 2025

changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

 TITLE 28, UNITED STATES CODE

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PART IV--JURISDICTION AND VENUE

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 CHAPTER 89--DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS

Sec.
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1456. Official immunity.

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Sec. 1442. Federal officers or agencies sued or prosecuted

 (a) A civil action or criminal prosecution that is commenced 
in a State court and that is against or directed to any of the 
following may be removed by them, upon a prima facie showing by 
the removing party that the standards for removal are met, to 
the district court of the United States for the district and 
division embracing the place wherein it is pending:
 (1) The United States or any agency thereof [or any 
 officer (or any person acting under that officer) of 
 the United States or of any agency thereof,] or any 
 person who, at the time of removal, is an officer of 
 the United States (or any person acting under that 
 officer) or of any agency thereof, or was previously 
 such an officer, in an official or individual capacity, 
 for or relating to any act under color of such office 
 (including a discretionary exercise of any authority 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.
 (2) A property holder whose title is derived from any 
 such officer, where such action or prosecution affects 
 the validity of any law of the United States.
 (3) Any officer of the courts of the United States, 
 for or relating to any act under color of office or in 
 the performance of his duties;
 (4) Any officer of either House of Congress, for or 
 relating to any act in the discharge of his official 
 duty under an order of such House.
 (5) The President or Vice President for or relating 
 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.
 (6) A former President or Vice President for or 
 relating to any act while in office.
 (b) A personal action commenced in any State court by an 
alien against any citizen of a State who is, or at the time the 
alleged action accrued was, a civil officer of the United 
States and is a nonresident of such State, wherein jurisdiction 
is obtained by the State court by personal service of process, 
may be removed by the defendant to the district court of the 
United States for the district and division in which the 
defendant was served with process.
 (c) Solely for purposes of determining the propriety of 
removal under subsection (a), a law enforcement officer, who is 
the defendant in a criminal prosecution, shall be deemed to 
have been acting under the color of his office if the officer--
 (1) protected an individual in the presence of the 
 officer from a crime of violence;
 (2) provided immediate assistance to an individual 
 who suffered, or who was threatened with, bodily harm; 
 or
 (3) prevented the escape of any individual who the 
 officer reasonably believed to have committed, or was 
 about to commit, in the presence of the officer, a 
 crime of violence that resulted in, or was likely to 
 result in, death or serious bodily injury.
 (d) In this section, the following definitions apply:
 (1) The terms ``civil action'' and ``criminal 
 prosecution'' include any proceeding (whether or not 
 ancillary to another proceeding) to the extent that in 
 such proceeding a judicial order, including a subpoena 
 for testimony or documents, is sought or issued. If 
 removal is sought for a proceeding described in the 
 previous sentence, and there is no other basis for 
 removal, only that proceeding may be removed to the 
 district court.
 (2) The term ``crime of violence'' has the meaning 
 given that term in section 16 of title 18.
 (3) The term ``law enforcement officer'' means any 
 employee described in subparagraph (A), (B), or (C) of 
 section 8401(17) of title 5 and any special agent in 
 the Diplomatic Security Service of the Department of 
 State.
 (4) The term ``serious bodily injury'' has the 
 meaning given that term in section 1365 of title 18.
 (5) The term ``State'' includes the District of 
 Columbia, United States territories and insular 
 possessions, and Indian country (as defined in section 
 1151 of title 18).
 (6) The term ``State court'' includes the Superior 
 Court of the District of Columbia, a court of a United 
 States territory or insular possession, and a tribal 
 court.

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Sec. 1455. Procedure for removal of criminal prosecutions

 (a) Notice of Removal.--A defendant or defendants desiring to 
remove any criminal prosecution from a State court shall file 
in the district court of the United States for the district and 
division within which such prosecution is pending a notice of 
removal signed pursuant to Rule 11 of the Federal Rules of 
Civil Procedure and containing a short and plain statement of 
the grounds for removal, together with a copy of all process, 
pleadings, and orders served upon such defendant or defendants 
in such action.
 (b) Requirements.--(1) A notice of removal of a criminal 
prosecution shall be filed not later than 30 days after the 
arraignment in the State court, or at any time before trial, 
whichever is earlier, except that for good cause shown the 
United States district court may enter an order granting the 
defendant or defendants leave to file the notice at a later 
time.
 (2) A notice of removal of a criminal prosecution shall 
include all grounds for such removal. A failure to state 
grounds that exist at the time of the filing of the notice 
shall constitute a waiver of such grounds, and a second notice 
may be filed only on grounds not existing at the time of the 
original notice. For good cause shown, the United States 
district court may grant relief from the limitations of this 
paragraph.
 (3) The filing of a notice of removal of a criminal 
prosecution [shall not] shall prevent the State court in which 
such prosecution is pending from proceeding further, [except 
that a judgment of conviction shall not be entered unless the 
prosecution is first remanded] and no judgment of conviction 
shall be entered unless the prosecution is remanded.
 (4) The United States district court in which such notice is 
filed shall examine the notice [promptly. If] promptly and 
where a prima facie showing demonstrating the basis for removal 
is made, the matter shall be removed. Only if it clearly 
appears on the face of the notice and any exhibits annexed 
thereto that removal should not be permitted, the court shall 
make an order for summary remand.
 (5) If the United States district court does not order the 
summary dismissal or the summary remand of such prosecution, it 
shall order [an evidentiary hearing] a hearing to be held 
promptly and, after such hearing, shall make such disposition 
of the prosecution as justice shall require including dismissal 
under section 1456. If the United States district court 
determines that removal shall be permitted or dismissal 
ordered, it shall so notify the State court in which 
prosecution is pending, which shall proceed no further.
 (c) Writ of Habeas Corpus.--If the defendant or defendants 
are in actual custody on process issued by the State court, the 
district court shall issue its writ of habeas corpus, and the 
marshal shall thereupon take such defendant or defendants into 
the marshal's custody and deliver a copy of the writ to the 
clerk of such State court.

Sec. 1456. Official Immunity

 (a) Immunity.--In any case that is subject to removal 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.
 (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 
 authority 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 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.

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