Schiff Introduces Critical Safeguard to Prevent Presidential Interference in Their Own Criminal Prosecutions (2024)

September 27, 2024

Washington, D.C.— Today, Representative Adam Schiff (D-Calif.) introduced the Investigative Integrity Protection Act which would prevent a sitting president from dismissing an active criminal prosecution against him or herself, including through coercion of an attorney general by the president or anyone acting on the president’s behalf.

“The rule of law is a core foundation of our nation. No one, not even the president, is above it,” said Rep. Schiff. “Several years ago, we witnessed alarming attempts by a sitting president to obstruct justice and evade accountability. 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.”

In the event that an Attorney General would seek to dismiss any criminal prosecution against the president, the Investigative Integrity Protection Act would:

  • Require the Attorney General to submit a sworn statement confirming whether the President or anyone acting at the President’s direction ordered the dismissal;

  • Require any requests to dismiss such prosecutions to be heard by a three-judge court;

  • Only allow the court to grant a dismissal after having considered a number of factors, including whether the Attorney General was appointed with the intent of dismissing any criminal prosecution against the President;

  • Allow the court to impose sanctions if a motion to dismiss is made without good cause; and

  • Require the DOJ Inspector General to immediately report to Congress any findings concluding that a motion to dismiss was brought at the President’s direction.

"No president is above the law," said Debra Perlin, Policy Director at Citizens for Responsibility and Ethics in Washington (CREW). "By requiring transparency in any DOJ attempt to dismiss a criminal prosecution against a sitting president, Rep. Schiff's Investigative Integrity Protection Act takes an important step toward ensuring that no president can manipulate the political system to the president's benefit behind closed doors. CREW encourages Congress to expeditiously pass the Investigative Integrity Protection Act to institute these safeguards that are so critical to our democracy."

"A critical component of any democratic society is that the rule of law applies to all, including to those in positions of power. The greatest threat to democracy is when the government decides it is above the law. Rep. Schiff's Investigative Integrity Protection Act would ensure that the sitting president is not above the law nor immune from prosecution. Public Citizen wholly endorses this legislation,” said Craig Holman, Ph.D., Public Citizen.

“No one is above the law – not even the President of the United States. The Investigative Integrity Protection Act would ensure presidents can be held accountable for breaking the law by stopping presidents from halting federal criminal prosecutions against themselves. This bill is crucial to upholding the rule of law, especially after the Supreme Court’s decision to give presidents immunity for official acts," said Brett Edkins, Managing Director of Policy & Political Affairs at Stand Up America. “Stand Up America and its nearly 2 million members thank Representative Adam Schiff for his leadership on this legislation and his tireless commitment to presidential accountability. We look forward to supporting this bill throughout the legislative process.”

"The duty of the president and federal prosecutors to faithfully execute the laws is central to our democratic system of government and requires them to act in the public interest—not in the president’s personal interests. This bill is an important step toward preventing presidents from abusing their power to insulate themselves from criminal liability and thereby placing themselves above the law," said Kristy Parker, Special Counsel for Defending the Rule of Law, Protect Democracy.

Schiff’s Investigative Integrity Protection Act is cosponsored by Representatives Emanuel Cleaver (D-Mo.), Steve Cohen (D-Tenn.), Eleanor Holmes Norton (D-D.C.), Wiley Nickel (D-N.C.), Delia Ramirez (D-Ill.), Jan Schakowsky (D-Ill.), and Jill Tokuda (D-Hawaii).

Schiff’s bill is also supported by California Grassroots Alliance, League of Conservation Voters, CREW, End Citizens United Action Fund, Government Information Watch, Interfaith Alliance Foundation, Protect Democracy, Public Citizen, Public Wise, NETWORK Lobby for Catholic Social Justice, United Church of Christ, Secure Elections Network, and Stand Up America.

Schiff has been a vocal advocate for accountability and transparency in government. His leadership during key investigations into executive misconduct has highlighted the need for stronger protections against abuses of power. He also introduced the landmark Protecting Our Democracy Act, which passed the House last Congress, aimed at strengthening the guardrails of our democracy against presidents or other officials who seek to abuse their power for personal gain.

Read the full bill text HERE.

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Schiff Introduces Critical Safeguard to Prevent Presidential Interference in Their Own Criminal Prosecutions (2024)
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