1. United States
2. N.J.
3. Letter

Subject: Vote NO on H.R. 1789, the PEPPER Act Dear Representative Kean Jr., I am writing to express my strong opposition to H.R. 1789, the Promptly Ending Political Prosecutions and Executive Retaliation Act (PEPPER Act), and to urge you to vote against this dangerous legislation. As the text suggests, the PEPPER Act would allow current and former executive branch officials, including the president and vice president, to transfer civil or criminal cases against them from state to federal courts. In federal court, they would have broad presumptive immunity from prosecution, buttressed by severe restrictions on the evidence that can be introduced against them. The bill would also require federal courts to dismiss almost all cases against both sitting and former presidents and vice presidents. This bill is not merely codifying the Supreme Court’s ruling in Trump v. U.S., as its proponents claim. Rather, it would vastly expand the already-sweeping immunity created by that case, making sitting and former presidents, vice presidents, and executive branch officials completely immune from the requirements of state law. The PEPPER Act would seemingly have no impact on Department of Justice prosecutions against executive branch officials. Thus, it would not impede the administration’s ability to potentially bring vengeful political prosecutions against former executive branch officials, while allowing POTUS to protect members of his administration from future federal prosecution by issuing pardons. By immunizing high-ranking executive branch officials from state and federal prosecution, the PEPPER Act would upend the delicate balance of power between the executive, legislative, and judicial branches of the federal government and between the federal government and the states. This bill would discard nearly 250 years of constitutional governance, allowing the executive branch to run roughshod over the other branches and the states. I urge you to vote NO on H.R. 1789 and protect the principles of accountability and the rule of law.