Rep. Adam Schiff (D-CA) is seeking to block former President Donald Trump from dismissing his federal prosecutions if elected to the White House, according to legislation the California Democrat introduced Friday.
The Investigative Integrity Protection Act would prohibit the sitting president from interfering with active criminal cases against him or her, including through coercion of an attorney general by the president or someone acting on the president’s behalf. The bill comes as Trump faces a slew of federal and state charges that will not be resolved until after the 2024 election.
“The rule of law is a core foundation of our nation,” Schiff said in a statement. “No one, not even the president, is above it. My bill would prevent a president from interfering in an investigation into, or prosecution of, their own misconduct. This is a necessary step to ensure that our justice system remains independent and that no individual can place themself beyond its reach.”
Under the bill, the sitting attorney general would be required to submit a sworn statement disclosing whether the president or anyone acting on his or her behalf ordered the dismissal. That statement must be submitted before the attorney general requests a case to be closed.
The dismissal request would then need to be heard by a three-judge court, according to the legislation. The court would then be allowed to grant a dismissal after considering a number of factors, including whether the attorney general was appointed “with the intent of dismissing any criminal prosecution against the President.”
The bill would also allow the court to impose sanctions if a motion to dismiss is made without good cause, and it would require the Justice Department inspector general to submit a report to Congress with any findings that the request was directed by the president.
The legislation attempts to prevent an unprecedented situation, as no sitting president has faced criminal charges. Trump is the first former and possibly future president to be indicted, and he is facing three criminal cases.
Schiff, who is running for an open Senate seat in California, said the proposal comes at a crucial time, citing “alarming attempts by a sitting president to obstruct justice and evade accountability.”
The Supreme Court ruled this summer that actions taken by a sitting president and considered official duties may be shielded from criminal prosecution. Schiff’s bill would not conflict with that ruling, according to the California Democrat, and claims of presidential immunity would still be left to the courts.
Still, Trump’s legal team is seeking to use that ruling to overturn his only criminal conviction so far, which Schiff has argued is a ploy to delay his trial until after the election to “make his legal troubles go away” if he’s reelected, according to Time.
The bill also highlights the feud between Trump and Schiff after the California Democrat led the first impeachment inquiry into the former president in 2019. Schiff was later censured for those actions last summer after Republicans took control of the House.
The Washington Examiner contacted the Trump campaign for comment.
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The bill has already garnered support from seven House Democrats who signed on as co-sponsors: Reps. Emanuel Cleaver (D-MO), Steve Cohen (D-TN), Eleanor Holmes Norton (D-DC), Wiley Nickel (D-NC), Delia Ramirez (D-IL), Jan Schakowsky (D-IL), and Jill Tokuda (D-HI).
However, the legislation is unlikely to be brought to the floor in the Republican-controlled House for a vote.