Most people don't realize that existing law provides most federal officials who are defendants in a state trial (ranging from members of Congress to cabinet secretaries to federal agency workers) with the ability to request their trial be moved to a federal court. Their case is then brought before a federal judge.
It can make a big difference, ensuring they get a fair trial. State prosecutors and state judges are often elected or appointed by political figures like the state legislature or Governor. Federal judges have lifetime appointments, helping to preserve their independence from partisan matters.
Here's the kicker: while many federal officials have the option to move their trial from a state court to a federal court, there is one very prominent group that doesn't: presidents and former presidents.
My legislation simply adds presidents and former presidents to this list so they too can request their case be moved to a federal court. This gives them a better chance of getting a fair trial instead of having the deck stacked against them by partisan prosecutors and judges like Fani Willis and Alvin Bragg.
I'm honored that Senators Ted Budd, Mike Lee, Josh Hawley, Lindsay Graham, and Eric Schmitt have joined in support of my No More Political Prosecutions Act.
I'm encouraged that my legislation may receive a vote soon in the House. Unfortunately, it will be much harder to get a vote in the Senate as Chuck Schumer controls what we vote on.
However, I'll keep pushing. My legislation is just commonsense. Presidents and former presidents should have the same options as other officials, and they should never be subject to politically motivated prosecutions by partisan state officials.
Office of Senator Thom Tillis