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I admit, it’s hard to truly welcome our witnesses here to the Subcommittee on the Constitution, when this committee—and the entire House majority—seem to have completely lost their way and forgotten the basic terms of that Constitution.

Instead of acting as a co-equal branch of government, as designed by our founding document, this House majority is content to abdicate Congress’ authority to make and fund laws to a tin pot dictator and his billionaire tech bro.

Speaker Johnson and House Republicans have gone along with White House efforts to gut basic services that Americans rely upon, whether at the VA, Social Security Administration, or the National Institute of Health. And they’ve teed up huge cuts to Medicaid, SNAP, and more, all so they can give more tax breaks to their billionaire buddies that will explode our national debt.

Instead of lowering costs for American families, they’ve encouraged the President’s tariff wars that are driving up inflation and tanking the stock market.

The bills our Republican colleagues are filing and bringing to the House floor are an embarrassment. They’re seemingly engaged in a contest of who can debase and subjugate themselves to the President the most, with measures like:

• Adding Trump’s face to Mount Rushmore,
• Designating his birthday as a national holiday, and
• Printing $250 bills with Trump’s portrait on them.

This brings us to the bill that forms the basis for this hearing today—just another attempt to refashion the rule of law to flatter the narcissist and felon-in-chief.

We know that because it was first introduced last term to benefit one man, and one man only, Donald Trump—as he faced 34 felony convictions in New York, a criminal case in Georgia, and hundreds of millions of dollars in civil judgements.

This legislation appears to be an unconstitutional power grab by the federal government and a direct infringement on states’ sovereignty that would upend the Framers’ carefully calibrated balance of power between what are supposed to be two equal sovereigns.

In their shameless quest to help Donald Trump and his cronies evade justice in state courts, Republicans would have Congress exceed the scope of its authority to grant federal court jurisdiction over a host of state court cases.

For all their talk about federalism, it begs the question: Is there any fundamental principle that House Republicans are not willing to abandon in servitude to this President?

The bill before us, the so-called “Promptly Ending Political Prosecutions and Executive Retaliation Act,” amends 28 U.S Code § 1442—the federal officer removal statute—and other provisions related to the removal of cases from state to federal court.

Under section 1442, a federal officer can remove a state criminal or civil matter to federal court if the case relates to acts taken “under color of . . . office”—meaning that the federal officer was acting within the scope of his or her official duties.

And as a statutory and constitutional matter, the party seeking removal bears the burden of showing that a case falls within the federal court’s jurisdiction.

Under the Supreme Court’s decision in Mesa v. California, removal is not permissible absent a “colorable federal defense.” The federal officer removal statute is intended to prevent federal officers from being improperly punished for carrying out their duties. It’s not a license for them to go around doing whatever they want with no accountability.

While I’ll leave the point-by-point analysis of this bill to our expert witness, Professor Elizabeth Beske, I’ll highlight that this bill is troubling for a few reasons.

First, it would allow any former federal officer to remove state cases for acts taken “under color of… office.”

More concerningly, the bill would allow a sitting or former President or Vice President to remove cases “for or relating to any act while in office”—even ones that involve their personal, private conduct, unrelated to their official duties.

It seeks to provide immunity for the President, Vice President, and political officers under a misguided understanding of the Supremacy Clause.  And effectively flips the normal presumption against removal to a presumption in favor of it.

In other words, this bill goes a long way towards enshrining in American statute the idea that we’re ruled by a king, who’s above all law.

Overall, this bill is completely unjustified, unworkable, and misguided for the time we find ourselves in.

But, rather than admit that the legislation they’ve proposed is blatantly unconstitutional, our Republican colleagues have tried to characterize it as a response to politicized law enforcement leveled at Mr. Trump and his allies.

But as is so often the case, Republican accusations are frequently confessions. If our Republican colleagues want to talk about politicized law enforcement, let’s have at it. Because we don’t have to go any further than right here in our nation’s capital to find the most egregious examples, and in just the past six weeks. 

Donald Trump has fired hundreds of career prosecutors and FBI agents for doing their jobs, without fear or favor.

He’s targeted those who helped investigate and prosecute the people who violently attacked the Capitol on January 6.

Meanwhile, he pardoned 1,500 MAGA followers who rioted and injured hundreds of law enforcement officers that day.

In doing so, he put his presidential seal of approval on political violence—so long as it supports him.

He’s made corrupt quid pro quo deals, dropping federal corruption charges against Eric Adams in exchange for the mayor’s obedience to his political agenda.

In just his first 44 days in office, Donald Trump’s made his cynical vision of government clear.

He’s wasted no time using the power of the presidency to silence the people whose job it is to hold him and his billionaire buddies accountable by:

• Firing at least 17 inspectors general, making it harder for the truth about fraud and abuse in our government to come to light.
• Moving to take control of independent agencies designed to hold the powerful accountable, like the FEC, CFPB, and SEC.
• Weaponizing civil litigation against TV networks.
• And using the FCC to go after broadcasters that produce content he doesn’t like.

This President has undermined the power of the people, and this Congress—something everyone in this room should be outraged about—by refusing to faithfully execute the laws this body has passed and the money that we’ve appropriated.

And he’s attempting to unilaterally dismantle programs and entire agencies that Congress created and only Congress can eliminate.

This is all happening every day, out in the open.

But condemning these blatant abuses of power is not the conversation our Republican colleagues want to have.

Since the day he took office, Donald Trump has trampled on the rule of law that forms the very foundation of our democracy.

Using the power of the presidency to demand vengeance and unquestioned loyalty, he’s undertaken politically motivated legal actions against his perceived enemies.

If you want to talk about lawfare, that’s lawfare right there.

Our founders designed a democratic republic built on the rule of law, not the rule of a king. As this Administration tests that fundamental principle, it’s counting on our Republican colleagues to be too weak and cowardly to stand up to it.

Thus far, that’s true.

But we took an oath to preserve and protect the Constitution. That’s our duty as Members of Congress. And that’s what my Democratic colleagues and I plan to do.

I yield back.