Jun 21 2024

WASHINGTON, D.C. – Senator Thom Tillis recently led the introduction of the No More Political Prosecutions Act, legislation that would allow Presidents and Vice Presidents (current and former) to move their own civil or criminal cases from a state court to a federal court. Joining Senator Tillis as co-sponsors are Senators Lindsey Graham (R-SC), Josh Hawley (R-MO), Eric Schmitt (R-MO), Ted Budd (R-NC), and Mike Lee (R-UT).

This legislation simply amends the existing statute that already covers many federal officials and staff, including Members of Congress and federal judges, who have an option to move their cases to federal court. 

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,” said Senator Tillis. “The No More Political Prosecutions Act is commonsense 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.” 

“Given the behavior of the Manhattan DA and other liberal jurisdictions that have brought sham cases against President Trump, it is now time to plan for the future and allow federal officials who are victims of out-of-control state and local prosecutors a chance to move their cases from state court to federal court,” said Senator Graham. “The politicization of the legal system against President Trump has opened Pandora’s box. Giving federal officials the ability to move cases like this to federal court will be of tremendous benefit. I greatly appreciate Senator Tillis leading on this important issue.”

“No president or vice president should be plagued by cheap political prosecutions as a private citizen,” said Senator Budd. “I’m proud to join Senator Tillis’s effort to make sure that partisan lawfare does not prevail in American politics.”


Under existing law, Members of Congress and federal judges have the option to move a civil or criminal case from state to federal court. This also extends to legislative officers, court personnel, Cabinet Secretaries and their staff, and federal agency workers. While Presidents and Vice Presidents lead the federal government, they are some of the only federal officials currently unable to remove their cases to federal court, particularly after leaving office.  

State prosecutors and state judges can often be elected or appointed by political figures like the state legislature or Governor. Federal judges are Senate-confirmed and have lifetime appointments, helping to preserve their independence from the political process. Federal judges enjoy life tenure that is largely free from outside interference in their decisions. By contrast, state court judges are more readily subjected to political influences because they are often elected or directly appointed, and serve shorter terms.

Full text of the bill is available HERE.