Timely Response to Unchecked Misconduct by Presidents Act (TRUMP Act)

PREAMBLE

Whereas, Donald J. Trump, during his tenure as President of the United States, was impeached twice by the House of Representatives: first in 2019 for abuse of power and obstruction of Congress related to his solicitation of foreign interference in the 2020 election, and again in 2021 for incitement of insurrection following the violent attack on the U.S. Capitol on January 6, 2021;

Whereas, on May 30, 2024, Donald J. Trump was convicted in New York State court on 34 felony counts of falsifying business records to conceal hush money payments made during the 2016 presidential campaign, marking the first time a former U.S. president has been convicted of a felony;

Whereas, Donald J. Trump was found liable in civil court for sexual abuse and defamation against E. Jean Carroll, resulting in judgments totaling over $88 million;

Whereas, in 2023, Donald J. Trump was found civilly liable for financial fraud in New York, leading to a $354.8 million judgment against him and his organization;

Whereas, during his second term, Trump issued pardons to over 1,500 individuals associated with the January 6 Capitol riot and appointed Ed Martin, a key organizer of the “Stop the Steal” rally, as acting U.S. Attorney for D.C., actions that undermined ongoing prosecutions and the rule of law;

Whereas, Donald J. Trump, during his second term, abruptly dismissed at least 17 federal Inspectors General without cause or the required notice to Congress, thereby undermining independent oversight, weakening anti-corruption safeguards, and retaliating against officials tasked with investigating executive misconduct;

Whereas, under the direction of Donald J. Trump, the Department of Government Efficiency (DOGE), informally led by Elon Musk, engaged in actions that undermined constitutional governance, including unauthorized access to sensitive personal and financial data from federal agencies such as the Treasury Department and the Social Security Administration, leading to court injunctions; the dismissal of inspectors general investigating matters related to Musk’s business interests; and the attempted dismantling of agencies like USAID without congressional approval—actions that collectively violated statutory protections, breached the separation of powers, and compromised the integrity of federal institutions;

Whereas, Donald J. Trump attempted to use the 18th-century Alien Enemies Act to expedite the mass deportation of Venezuelan migrants, a move blocked by federal courts as an abuse of executive power;

Whereas, Donald J. Trump’s repeated attacks on the judiciary, including calls for the impeachment of judges issuing unfavorable rulings, prompted the Chief Justice of the United States to issue a rare public defense of judicial independence;

Whereas, Donald J. Trump sought to unilaterally end birthright citizenship through executive order, defying the plain text of the Fourteenth Amendment and prompting widespread legal condemnation and constitutional crisis litigation;

Whereas, Donald J. Trump repeatedly threatened to withhold federal funding from American universities and academic institutions that did not capitulate to his political demands—ranging from suppressing student protests to altering curricula—thereby attempting to coerce institutions of higher learning into ideological conformity and undermine constitutionally protected freedoms of speech, inquiry, and dissent;

Whereas, Donald J. Trump issued executive orders targeting specific law firms—including Susman Godfrey and Perkins Coie—that represented adversaries of his administration, seeking to revoke their federal contracts, suspend attorney security clearances, and block access to federal buildings, in a clear effort to weaponize the executive branch against legal opposition;

Whereas, Donald J. Trump, through directives issued by the Department of Government Efficiency and the Office of Management and Budget, attempted to unilaterally withhold or cancel federal funds appropriated by Congress—targeting programs such as environmental grants, infrastructure projects, and public broadcasting—without seeking the required legislative approval, thereby violating the Impoundment Control Act of 1974 and undermining the constitutional principle that vests the power of the purse exclusively in the legislative branch;

Whereas, Donald J. Trump declared multiple national emergencies based on questionable premises to unilaterally implement policies without congressional approval—such as imposing sweeping tariffs under the International Emergency Economic Powers Act by citing trade deficits as national security threats, and invoking an energy emergency to expedite fossil fuel development despite stable energy supplies—thereby circumventing legislative authority and raising serious constitutional concerns;

Whereas, Donald J. Trump’s administration initiated a coordinated campaign to deport political dissidents, including international students and academics critical of his policies, with over 1,000 individuals having their visas revoked or statuses terminated based on ideological grounds;

Whereas, Donald J. Trump issued executive orders aimed at dismantling Diversity, Equity, and Inclusion (DEI) programs within federal agencies, attacking anti-discrimination initiatives and civil rights protections in a sweeping rollback of equity-based governance;

Whereas, in February 2025, the Trump administration shut down the national police misconduct database, eliminating a vital transparency tool used to hold federal law enforcement accountable and suppressing data essential for criminal justice reform;

Whereas, Donald J. Trump used presidential power to retaliate against critics within his own administration—firing cybersecurity chief Christopher Krebs for affirming the integrity of the 2020 election, revoking his security clearance, and ordering a federal investigation into his conduct; and similarly targeting former DHS official Miles Taylor by suspending his clearances, launching DOJ-led inquiries, and publicly accusing him of treason—thereby weaponizing government authority to punish dissent and chill whistleblowing;

Whereas, these actions, taken together, reveal a dangerous pattern of authoritarian behavior and an intent to operate above the law;

Therefore, to prevent the recurrence of such abuses and to reinforce the foundational principle that the president is not immune from legal accountability—

Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assembled:

SECTION I — TITLE

This Act shall be known as the Timely Response to Unchecked Misconduct by Presidents Act, or the TRUMP Act.

SECTION II — PURPOSE AND FINDINGS

Congress finds:

1. That presidential misconduct has, in multiple instances, gone unpunished due to vague constitutional precedent and politically motivated inaction;

2. That the framers of the Constitution designed a government of checks and balances where no individual, including the president, would be above the law;

3. That timely legal accountability is critical to preserving democratic institutions and preventing future abuses of power;

4. That the nation’s failure to prosecute criminal actions by a sitting president has set a dangerous precedent with lasting consequences.

SECTION III — ENFORCEMENT PROVISIONS

1. The Attorney General shall establish an Independent Presidential Crimes Division (IPCD) within the Department of Justice, with full authority to investigate and prosecute criminal conduct by any sitting president.

2. The IPCD shall operate independently of the Executive Branch, with oversight by a bipartisan, congressionally appointed Special Review Commission.

3. Indictments may be issued upon determination of probable cause by a special grand jury convened under this Act.

4. Executive privilege, the pardon power, and any claims of absolute immunity shall not apply to obstruct investigations or judicial proceedings authorized under this Act.

SECTION IV — CONSTITUTIONAL INTERPRETATION

Courts are encouraged to interpret Article II of the Constitution in light of the overriding constitutional principle that all persons are equal before the law.

SECTION V — RETROACTIVITY

Any statute of limitations applicable to presidential misconduct shall be tolled during the period that the individual held the presidency.

SECTION VI — SYMBOLIC DECLARATION

The American presidency is not a shield from justice but a solemn trust in service of the people. When that trust is broken, swift accountability is not vengeance—it is democracy’s last line of defense.