AIMarkup of four bills on presidential immunity, judgeships, and injunctions

House Judiciary Bill MarkupsHouse Judiciary · March 5, 2025 · 119th Congress
The House Judiciary Committee met to mark up four bills: H.R. Begins at ▶ 0:17:49
Transcript
Highlights

Title

Markup of four bills on presidential immunity, judgeships, and injunctions

Purpose

The House Judiciary Committee met to mark up four bills: H.R. 1789 (allowing presidents and vice presidents to remove state civil/criminal cases to federal court and codifying immunity), H.R. 1702 (the JUDGES Act, creating 66 new district court judgeships), H.R. 1526 (the No Rogue Rulings Act, limiting nationwide injunctions), and H.R. 1605 (not substantively reached in this transcript). Debate centered heavily on Donald Trump's state prosecutions and civil judgments, and on injunctions issued against the Trump administration's early 2025 executive actions. Begins at▶ 0:17:49

Who spoke

• Rep. Russell Fry (R-SC), sponsor of H.R. 1789▶ 0:18:50: Argued the bill responds to "politically motivated" prosecutions of Trump by Alvin Bragg and Fanny Willis▶ 0:19:20, defended removal to federal court as fairer venue▶ 0:21:21, and later defended the bill against amendments▶ 1:01:44.

• Chairman Jim Jordan (R-OH): Presided over the markup, called up each bill, and managed votes throughout▶ 0:17:49; questioned Fry on removal mechanics▶ 0:34:58 and later argued the committee retains jurisdiction over federal courthouse facilities▶ 3:13:23.

• Ranking Member Jamie Raskin (D-MD): Opposed H.R. 1789 as designed to make Trump "all but Untouchable"▶ 0:22:51; called it an "autocratic Christmas tree" protecting Trump, Vance, Musk, and Meadows▶ 0:26:53; later argued the bill's dismissal provision creates a near-automatic get-out-of-jail mechanism▶ 0:39:59 and offered an amendment to require unknown-president timing on judgeships▶ 3:39:08.

• Rep. Steve Cohen (D-TN): Called the bill "critical law theory" designed to erase Trump's felony convictions▶ 0:28:53, cited Trump's 34 guilty verdicts▶ 0:29:54, and criticized Judge Aileen Cannon▶ 0:30:54.

• Rep. Dan Goldman (D-NY): Pressed Fry on what law applies after removal▶ 0:31:25, said there is "no actual evidence" of politicized prosecution▶ 0:32:25, and later detailed the Manhattan DA's investigative history▶ 0:47:04.

• Rep. Jerry Nadler (D-NY): Explained the bill would let a president remove and dismiss any state case relating to "any act while in office"▶ 0:39:59; distinguished Obama's drone strike (official act) from Trump's hush-money case (private act)▶ 0:53:38; later argued strongly for extending, not scrapping, the original bipartisan JUDGES Act deal▶ 3:27:32.

• Rep. Darrell Issa (R-CA), sponsor of H.R. 1702 and H.R. 1526 and offering amendments in the nature of substitute: Argued the JUDGES Act creates 66 new judgeships across red and blue states in a nonpartisan, staggered process based on judicial conference recommendations▶ 2:56:42; introduced H.R. 1526 targeting nationwide injunctions against Trump's executive orders▶ 3:54:09; pledged to send a bipartisan letter to Elon Musk on courthouse jurisdiction▶ 3:31:35.

• Rep. David Kustoff (R-TN): Raised concerns about proposed federal building/courthouse closures (including the Odell Horton Building in Memphis) affecting where judges could sit▶ 3:09:19.

• Rep. Sheila Lee (Del.) / Rep. Laurel Lee (R-FL)▶ 3:14:23: Argued the JUDGES Act addresses a critical shortage of judges, citing the Middle District of Florida's heavy caseload.

• Rep. Nellis / Rep. Wesley Bell / Rep. Nellis (R-TX)▶ 3:44:40: Cited Southern District of Texas backlog (6,821 civil, 8,928 criminal cases pending) supporting new judgeships.

• Rep. Jared Moskowitz (D-FL)▶ 3:30:34: Negotiated a bipartisan committee letter to Elon Musk asserting Judiciary Committee jurisdiction over courthouse closures in exchange for his vote.

• Rep. Jasmine Crockett (D-TX): Voted and participated in roll calls; limited spoken remarks recorded.

• Rep. Deborah Ross (D-NC): Spoke on victims of sexual assault regarding the Vermont amendment▶ 2:30:00.

• Rep. Becca Balint (D-VT): Offered amendment exempting sexual assault crimes from removal, citing that one in five women face attempted assault▶ 2:09:46, and questioned Rep. Van Drew on hypotheticals▶ 2:14:23.

• Rep. Jeff Van Drew (R-NJ): Opposed sexual-assault carve-out amendment, argued local prosecutors can be politically weaponized▶ 2:24:27, said he'd accept a president having "zero accountability" hypothetically▶ 2:46:29.

• Rep. Madeleine Dean (D-PA): Supported the sexual-assault carve-out and flagged the bill's "no court may define" provision as a separation-of-powers flaw▶ 2:34:02.

• Rep. Harriet Hageman (R-WY): Argued Article II vests executive power solely in the president and the amendment would violate separation of powers▶ 2:24:39.

• Rep. Eric Burlison / Rep. Andy Biggs / others (R): Participated in roll call votes without extended floor remarks.

• Rep. Hank Johnson (D-GA): Cross-examined Fry on the "no court may define" language and its effect on Trump v. United States' tripartite immunity framework▶ 0:58:13; later offered a findings amendment on H.R. 1526 citing court rulings against Trump▶ 4:15:21.

• Rep. Glenn Ivey (D-MD): Recounted the Manhattan DA campaign video showing candidates discussing prosecuting Trump [1:01:44 general area]; cross-examined on political motive▶ 1:02:15.

• Rep. Cliff Bentz (R-OR): Discussed selective memory regarding 2000, 2016 election disputes▶ 1:58:07.

• Rep. Rich McCormick / Rep. Byron Donalds (R-FL): Ran a "raise your hand" exercise asking whether Mike Pence or Joe Biden should be immune from prosecution▶ 2:04:43.

• Rep. Derek Schmidt (R-KS): Offered amendment creating a three-judge-panel safety valve for multi-state nationwide injunction cases with expedited Supreme Court appeal▶ 4:03:45.

• Rep. Deborah Ross / Rep. Kelly (unclear names garbled): Additional Q&A participants during H.R. 1526 debate.

• Rep. Debbie Wasserman Schultz (D-FL): Offered a judge-shopping amendment requiring no more than 25% chance of drawing a particular judge, citing Judge Kacsmaryk's abortion-pill ruling▶ 4:29:00; amendment ruled non-germane▶ 4:36:33.

Key moments

• Fry testified Alvin Bragg brought a 34-count felony indictment against Trump in April 2023 and Fani Willis a 41-count indictment in Georgia in August 2023▶ 0:19:20▶ 0:19:50.

• Raskin read the bill's dismissal provision (page 5) requiring dismissal "unless rebutted by clear and convincing evidence" the case wouldn't hinder presidential duties, calling it a near-guaranteed dismissal mechanism▶ 0:39:59▶ 0:40:30.

• Sharp exchange: Raskin's bank-robbery hypothetical — a president robbing a bank in California could remove to federal court and win dismissal under the bill's language▶ 1:19:36▶ 1:20:38.

• Rep. Raskin's amendment to limit the "no court may define" clause to state courts only failed 11–14 on recorded vote▶ 1:32:50.

• Balint's sexual-assault carve-out amendment, backed by Raskin's "droit du seigneur" comparison, failed 10–10▶ 2:45:32.

• Video played of Alvin Bragg campaign statements about pursuing Trump, entered by Rep. Fry, followed by Goldman disputing that Bragg ever "campaigned on going after" Trump▶ 1:02:15▶ 0:56:11.

• H.R. 1789 reported favorably 14–11▶ 2:53:39.

• On H.R. 1702 (JUDGES Act), Issa noted Senate passed the identical bill unanimously in August 2024 before Biden vetoed it after the House delayed a floor vote until after the election▶ 2:56:12▶ 2:59:13; Raskin's amendment to revert to a 2029 (next-unknown-president) start date failed 12–16▶ 3:48:54; the underlying bill passed 16–11▶ 3:52:57.

• On H.R. 1526, Issa's chart showed roughly 46 injunctions issued against the Trump administration in six weeks▶ 3:58:11; Raskin countered that courts were correctly blocking unconstitutional actions like the birthright-citizenship order and federal funding freezes▶ 3:59:12▶ 4:00:14.

• Schmidt's amendment created a three-judge-panel/expedited Supreme Court review process for multistate injunction cases and was adopted by voice vote▶ 4:14:51; H.R. 1526 as amended was reported favorably 14 votes to a smaller opposition count▶ 4:48:49.

• Wasserman Schultz's judge-shopping amendment, modeled on her prior Fair Courts Act and referencing Judge Kacsmaryk's mifepristone ruling, was ruled non-germane under House Rule 16▶ 4:29:00▶ 4:37:04.

Metadata

Official titleH.R. 1789, the Promptly Ending Political Prosecutions and Executive Retaliation Act; H.R. 1526, the No Rogue Rulings Act; H.R. 1702, the JUDGES Act of 2025; and H.R. 1605, the Separation of Powers Restoration Act of 2025.
CommitteeHouse Judiciary
Chamber / CongressHouse · 119th Congress
DateMarch 5, 2025
TypeMarkup
Witnesses
(none listed in event metadata)
Videoyoutube
Transcript514 caption blocks · 38,903 words · 4:49:42 runtime
EventCongress.gov 117991