Adam Schiff bill would block Trump from ending criminal cases

A prominent House Democrat introduced a bill Friday that would prevent former President Donald Trump from dropping his ongoing criminal charges if he wins the presidency again.

The new bill, shared exclusively with TIME ahead of its release, is led by Rep. Adam Schiff, the Democratic candidate for California's Senate seat who has been one of Trump's main antagonists. He says his bill, which would prevent a sitting president from dismissing a criminal case against himself, aims to ensure that no president can use his position to escape responsibility.

This is about protecting our democracy and ensuring that a president cannot place himself above the law, Schiff told TIME in a statement. Everything indicates that Donald Trump will use the Department of Justice to put an end to any attempt to hold him accountable.

There's a reason Schiff feels the urgency to introduce the bill now. Trump is currently facing several criminal charges, including charges related to his alleged efforts to overturn the results of the 2020 election. The need for rapid passage of this bill could become even more urgent, Schiff believes, depending on the election results.

Under Schiffs' bill, any attempt to drop pending criminal charges would be subject to strict oversight. It states that the president cannot compel the attorney general to dismiss charges against them, requiring an affidavit from the attorney general confirming whether the dismissal was ordered by the president or anyone acting on his behalf. Termination requests should be evaluated by a three-judge tribunal, ensuring that the termination decision is not made unilaterally and that the integrity of the judicial process is respected, Schiff says.

If the court finds that a motion to dismiss lacks good cause, Schiffs' bill would allow it to impose sanctions. Additionally, any finding that a request for termination emanated from a direction from the President would be immediately reported to Congress by the Inspector General of the Department of Justice.

Even though Schiff's new bill, called the Investigative Integrity Protection Act, has the support of seven other Democratic lawmakers, it is highly unlikely to pass the Republican-controlled House.

The bill attempts to address an unprecedented situation in which the first former and possibly future president faces criminal prosecution by adding explicit rules to the relationship between the president and attorney general, which is generally governed by standards. Schiff says his bill is a necessary step in light of what he described as alarming attempts by a sitting president to obstruct justice and evade accountability.

The Trump campaign did not respond to a request for comment.

The effort is particularly poignant for the California Democrat, who on Jan. 6 served on the House select committee that investigated Trump's actions on the day a violent mob stormed the U.S. Capitol, actions that are now in center of two of Trump's criminal cases. Schiff was also the lead prosecutor in Trump's first impeachment trial in 2019. After years of fighting Trump, Schiff was censured by House Republicans in 2023 for his role in the investigations.

His bill follows a recent Supreme Court ruling that strengthened presidential immunity, which could have a significant impact on Trump's ongoing legal battles. The High Court determined that actions taken by a sitting president while carrying out his official duties could be immune from criminal prosecution. Schiff says his bill does not conflict with the Supreme Court's decision and that any claims regarding presidential immunity would still be decided by the courts.

Trump was only convicted in the Manhattan secrecy case related to falsification of business records before the 2016 election. The judge in that case delayed sentencing until after the 2024 election, meaning voters won't know whether the former president will face prison time as he heads to the polls. Trump's legal team is trying to take advantage of the Supreme Court's recent ruling on presidential immunity to challenge his conviction, which Schiff said was an attempt to delay his trial until after the election so he could could put an end to his legal problems if he were elected president.

Other cases, unlike Trump, are mired in procedural complexity. The federal election subversion charges, led by special counsel Jack Smith, were initially expected to proceed quickly, but delays due to Supreme Court intervention pushed back the trial date. Similarly, the Florida classified documents case was slowed by lengthy proceedings led by a Trump-appointed judge, who threw out the case. And the Georgia election interference case is currently on hold while an appeals court considers ethics allegations against the prosecutor.

The rule of law is an essential foundation of our nation, Schiff said. No one, not even the president, is above it.

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