A leading House Democrat, Rep. Adam Schiff, is set to introduce a bill aimed at preventing former President Donald Trump from dismissing his criminal cases if he regains the presidency. Schiff, a key figure in Trump's past impeachments and the Democratic nominee for California’s Senate seat, shared the details of his legislation exclusively with TIME. The bill is designed to ensure that no sitting President can evade legal accountability by manipulating the Justice Department.
Schiff's proposal comes as Trump faces multiple criminal charges, including those related to alleged efforts to overturn the 2020 election results. The legislation would prohibit a sitting President from coercing the Attorney General into dismissing any criminal prosecutions against themselves. It also requires a sworn statement from the Attorney General, confirming whether the President or their associates influenced the decision.
Additionally, Schiff's bill introduces a safeguard: any request for a case dismissal must be reviewed by a three-judge panel. This judicial oversight ensures that decisions are not made unilaterally, preserving the integrity of the legal process.
Schiff argues that his bill is crucial for protecting democracy, stating, “There is every indication that Donald Trump will use the Justice Department to do away with any effort to hold him accountable." With the 2024 election looming, Schiff emphasizes that passing the bill swiftly is vital, especially considering Trump's possible return to office.
Rep. Adam Schiff's new legislation, the Investigative Integrity Protection Act, introduces a mechanism for safeguarding judicial processes from presidential interference. If a motion to dismiss criminal charges lacks valid reasoning, the bill allows the court to impose sanctions. Moreover, if a dismissal request is found to have originated from the President, the Department of Justice's Inspector General would be required to report the finding to Congress immediately.
Though supported by seven Democratic lawmakers, the bill faces an uphill battle in the Republican-controlled House. It addresses an extraordinary situation—potentially a former President facing criminal prosecution while seeking to regain office—by codifying stricter rules between the President and the Attorney General, a relationship usually governed by unwritten norms. Schiff believes these rules are essential, citing "alarming attempts by a sitting President to obstruct justice and evade accountability.
The bill has particular significance for Schiff, who was a member of the Jan. 6 committee investigating Trump's role in the Capitol attack, now central to two of Trump's criminal cases. As the lead prosecutor in Trump’s 2019 impeachment trial, Schiff has long been at the forefront of holding Trump accountable. Despite being censured by House Republicans in 2023 for his role in investigating Trump, Schiff remains committed to ensuring that no President is above the law. The Trump campaign did not comment on the bill.
Rep. Adam Schiff’s proposed legislation follows a pivotal Supreme Court ruling that reaffirmed presidential immunity, potentially affecting Donald Trump's ongoing legal battles. The court determined that a sitting President's official actions may be shielded from prosecution, but Schiff insists his bill does not conflict with this precedent. He clarifies that any claims of presidential immunity will still be adjudicated by the courts, ensuring a check on executive power.
Trump's legal troubles continue to loom as the 2024 election approaches, but thus far, he has only been convicted in the Manhattan hush-money case. Sentencing has been delayed until after the election, leaving voters uncertain about whether the former President will face jail time. Trump's legal team is now trying to use the Supreme Court’s recent ruling on immunity to challenge his conviction, a strategy Schiff calls an attempt to "delay his trial until after the election, so he could make his legal troubles disappear" if he regains office.
Other cases against Trump are also experiencing delays. The federal charges related to election subversion, led by special counsel Jack Smith, have been slowed by procedural setbacks after the Supreme Court's intervention. In the Florida classified documents case, a Trump-appointed judge dismissed the charges, further complicating the process. Meanwhile, the Georgia election interference case remains on hold pending the resolution of ethical allegations against the prosecutor.
Schiff’s bill, introduced to protect the integrity of the legal process, underscores his belief that “the rule of law is a core foundation of our nation. No one, not even the President, is above it.”
In conclusion, Rep. Adam Schiff’s proposed legislation aims to safeguard the legal process from potential presidential interference, especially in light of the Supreme Court's recent ruling on presidential immunity. As Donald Trump's legal battles unfold amidst his 2024 campaign, Schiff’s bill underscores a commitment to ensuring that no President can evade accountability through the power of their office. Amid delays and legal maneuvering, the legislation emphasizes the fundamental principle that the rule of law applies to all, regardless of rank or position.