I have a wealth of experience teaching Federal Jurisdiction for over fifteen years at Northwestern Law School, from 1990 to 2005, and have authored numerous law review articles on the subject. One aspect of federal law that has always intrigued me is the federal removal statutes, which permit federal officers and individuals acting under federal law to transfer their cases from state to federal court. A notable case that exemplifies this is In re Neagle, 135 U.S. 1 (1890).
State judges, who are often elected, can sometimes exhibit bias based on factors such as race, gender, politics, or religion. This bias was evident in the New York State criminal and civil lawsuits filed against former President Donald Trump. These cases were tried in a highly liberal borough within one of the most liberal cities in the nation.
There can be regional biases against former Presidents, as seen in the cases against Donald Trump in New York. To address this issue and prevent talented individuals from being discouraged from seeking the presidency, broader removal statutes are essential.
A bill currently before the House of Representatives aims to render such cases removable to federal court. The conviction of former President Trump in a Manhattan trial court raises significant constitutional issues, particularly under the First Amendment, and should be reviewed by the U.S. Supreme Court before the upcoming elections.
Legislation should allow for the removal of both civil and criminal cases. The civil case where damages of approximately $450 million were awarded against former President Trump also raises important federal questions under the Fourteenth Amendment’s Due Process Clause and an excessive fines claim under the Eighth Amendment.
It is my belief that such a statute should extend beyond former Presidents to include former Vice Presidents, officers of the United States, and even former members of Congress. This is necessary to protect individuals from potential harassment by state prosecutors and judges.
State prosecutorial and judicial officials, who are subject to elections, may lack the impartiality and legal expertise found in federal judges with life tenure. While there are undoubtedly excellent state judges and district attorneys, former Presidents should be guaranteed access to the federal judiciary when facing lawsuits or prosecutions. This is not only fair but also crucial to ensure that qualified individuals are not deterred from seeking federal office.
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