Bill Would Protect Presidents Against State 'Lawfare'

A group of six Republican senators, led by Thom Tillis of North Carolina, is trying to prevent political prosecutions by introducing a bill that would allow presidents and vice presidents to move their civil or criminal cases from state to federal court.

Former President Donald Trump and his supporters have called his indictments in Georgia and New York "political prosecutions" and "lawfare."

The No More Political Prosecutions Act would amend an existing statute that covers many federal officials and staff, including members of Congress and federal judges, who have an option to move their cases to federal court, Tillis office said in a news release.

Also backing the measure are Sens. Lindsey Graham of South Carolina, Josh Hawley and Eric Schmitt of Missouri, Ted Budd of North Carolina, and Mike Lee of Utah.

"Presidents and vice presidents have a right to a fair trial free from political interference, and they should never be targeted by partisan state prosecutors and judges looking to score political points," Tillis said in the news release.

"The No More Political Prosecutions Act is common-sense legislation that provides presidents and vice presidents (current and former) with the option to move their state cases to a federal court, the same option already provided to other federal officials and employees."

Trump was convicted by a New York jury in the first criminal trial of a former president on 34 counts of falsifying business records to cover a payment by attorney Michael Cohen to porn star Stormy Daniels. He also is awaiting trial in Georgia on racketeering charges regarding allegations of trying to overturn the state's 2020 election results.

He was rebuffed in an effort to move the New York case to federal court.

Under Section 1442 of Title 28 of U.S. code, members of Congress, federal judges, legislative officers, court personnel, Cabinet secretaries and their staff, and federal agency workers can have their cases moved from state to federal court, but not presidents or vice presidents.

Tillis' bill would amend Section 1442, which states, "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 to the district court of the United States for the district and division embracing the place wherein it is pending."

It would change the third paragraph — "[a]ny 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;" — by replacing the semi-colon with a period and adding "[t]he President or Vice President, or a former President or Vice President."

"No president or vice president should be plagued by cheap political prosecutions as a private citizen," Budd said in the news release. "I'm proud to join Sen. Tillis's effort to make sure that partisan lawfare does not prevail in American politics."