,,ii ,calendar ,no4 #did #aahth ,,congress #b;d ,session ,s4 #digc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #a1 #bjbd,mr4 ,schumer 7for himself1 ,ms4 ,hirono1 ,mr4 ,schatz1 ,mr4 ,lujn1 ,mr4 ,reed1 ,mr4 ,blumenthal1 ,mr4 ,carper1 ,mr4 ,welch1 ,mr4 ,hickenlooper1 ,mr4 ,casey1 ,mr4 ,coons1 ,mrs4 ,shaheen1 ,ms4 ,baldwin1 ,mr4 ,merkley1 ,mr4 ,cardin1 ,mr4 ,durbin1 ,ms4 ,warren1 ,mrs4 ,murray1 ,mr4 ,van ,hollen1 ,mr4 ,markey1 ,ms4 ,duckworth1 ,ms4 ,klobuchar1 ,ms4 ,butler1 ,mr4 ,whitehouse1 ,mr4 ,sanders1 ,mr4 ,booker1 ,mrs4 ,gillibrand1 ,mr4 ,wyden1 ,mr4 ,king1 ,mr4 ,heinrich1 ,ms4 ,stabenow1 ,mr4 ,padilla1 ,mr4 ,peters1 ,mr4 ,warnock1 ,ms4 ,smith1 ,mr4 ,kelly1 and ,ms4 ,cantwell7 introduced the following bill2 which was read the first time ,september #i1 #bjbd,read the second time and placed on the calendar ,a ,,bill ,to reassert the constitutional authority of ,congress to determine the general applicability of the criminal laws of the ,united ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,no ,kings ,act4 #b4 ,findings and purposes 7a7 ,findings ,congress finds that-- 7#a7 no person1 including any ,president1 is above the law2 7#b7 ,congress1 under the ,necessary and ,proper ,clause of section #h of article ,i of the ,constitution of the ,united ,states1 has the authority to determine to which persons the criminal laws of the ,united ,states shall apply1 including any ,president2 7#c7 the ,constitution of the ,united ,states does not grant to any ,president any form of immunity 7whether absolute1 presumptive1 or otherwise7 from criminal prosecution1 including for actions committed while serving as ,president2 7#d7 in ,the ,federalist ,no4 #fi1 ,alexander ,hamilton wrote that there must be a difference between the sacred and inviolable king of ,great ,britain and the ,president of the ,united ,states1 who would be amenable to personal punishment and disgrace should his actions violate the laws of the ,united ,states2 7#e7 the ,united ,states ,district ,court for the ,district of ,columbia correctly concluded in ,united ,states v4 ,trump1 ,no4 #bc-beg 7,,tsc71 #bjbc ,,wl #hceihcc 7,d4,d4,c4 ,december #a1 #bjbc7 that former ,presidents do not possess absolute federal criminal immunity for any acts committed while in office1 that former ,presidents may be subject to federal investigation1 indictment1 prosecution1 conviction1 and punishment for any criminal acts undertaken while in office1 and that a four-year service as ,commander in ,chief does not bestow on a ,president the divine right of kings to evade the criminal accountability that governs his fellow citizens2 7#f7 similarly1 the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit correctly affirmed in ,united ,states v4 ,trump1 #ia ,f4#dth #aagc 7,d4,c4 ,cir4 #bjbd7 that separation of powers doctrine does not immunize former ,presidents from federal criminal liability for their official actions that allegedly violated generally applicable criminal laws and acknowledged that the ,founding ,fathers stressed that the ,president must be unlike the king of ,great ,britain1 who was sacred and inviolable4 ,the ,federalist ,no4 #fi1 at #ccg-ch2 7#g7 the ,supreme ,court of the ,united ,states1 however1 vacated the judgment of the court of appeals and incorrectly declared in ,trump v4 ,united ,states1 ,no4 #bc-ici1 #bjbd ,,wl #cbcgfjc 7,u4,s4 ,july #a1 #bjbd7 that the ,president is absolutely immune from criminal prosecution for conduct within his exclusive sphere of constitutional authority and that a ,president is entitled1 at a minimum1 to a presumptive immunity from prosecution for all his official acts1 assertions at odds with the plain text of the ,constitution of the ,united ,states2 and 7#h7 ,congress has explicit and broad authority to make exceptions and regulations to the appellate jurisdiction of the ,supreme ,court of the ,united ,states under clause #b of section #b of article ,,iii of the ,constitution of the ,united ,states4 7b7 ,purposes ,the purposes of this ,act are to-- 7#a7 reassert the constitutional authority of ,congress to determine the general applicability of the criminal laws of the ,united ,states1 including to ,presidents and ,vice ,presidents2 7#b7 clarify that a ,president or ,vice ,president is not entitled to any form of immunity from criminal prosecution for violations of the criminal laws of the ,united ,states unless specified by ,congress2 and 7#c7 impose certain limitations on the appellate jurisdiction of the ,supreme ,court of the ,united ,states to decide questions related to criminal immunity for ,presidents and ,vice ,presidents4 #c4 ,no presidential immunity for crimes 7a7 ,in general 7#a7 ,no immunity ,a ,president1 former ,president1 ,vice ,president1 or former ,vice ,president shall not be entitled to any form of immunity 7whether absolute1 presumptive1 or otherwise7 from criminal prosecution for alleged violations of the criminal laws of the ,united ,states unless specified by ,congress4 7#b7 ,considerations ,a court of the ,united ,states may not consider whether an alleged violation of the criminal laws of the ,united ,states committed by a ,president or ,vice ,president was within the conclusive or preclusive constitutional authority of a ,president or ,vice ,president or was related to the official duties of a ,president or ,vice ,president unless directed by ,congress4 7b7 ,rule of construction ,nothing in this section shall be construed to immunize a ,president1 former ,president1 ,vice ,president1 or former ,vice ,president from criminal prosecution for alleged violations of the criminal laws of the ,states4 #d4 ,judicial review 7a7 ,criminal proceedings ,notwithstanding any other provision of law1 for any criminal proceeding commenced by the ,united ,states against a ,president1 former ,president1 ,vice ,president1 or former ,vice ,president for alleged violations of the criminal laws of the ,united ,states1 the following rules shall apply3 7#a7 ,the action shall be filed in the applicable district court of the ,united ,states or the ,united ,states ,district ,court for the ,district of ,columbia4 7#b7 ,the ,supreme ,court of the ,united ,states shall have no appellate jurisdiction1 on the basis that an alleged criminal act was within the conclusive or preclusive constitutional authority of a ,president or ,vice ,president or on the basis that an alleged criminal act was related to the official duties of a ,president or ,vice ,president1 to 7or direct another court of the ,united ,states to7-- 7,a7 dismiss an indictment or any other charging instrument2 7,b7 grant acquittal or dismiss or otherwise terminate a criminal proceeding2 7,c7 halt1 suspend1 disband1 or otherwise impede the functions of any grand jury2 7,d7 grant a motion to suppress or bar evidence or testimony1 or otherwise exclude information from a criminal proceeding2 7,e7 grant a writ of habeas corpus1 a writ of coram nobis1 a motion to set aside a verdict or judgment1 or any other form of post-conviction or collateral relief2 7,f7 overturn a conviction2 7,g7 declare a criminal proceeding unconstitutional2 or 7,h7 enjoin or restrain the enforcement or application of a law4 7b7 ,constitutional challenges ,notwithstanding any other provision of law1 for any civil action brought for declaratory1 injunctive1 or other relief to adjudge the constitutionality1 whether facially or as-applied1 of any provision of this ,act 7including this section71 or to bar or restrain the enforcement or application of any provision of this ,act 7including this section7 on the ground of its unconstitutionality1 the following rules shall apply3 7#a7 ,a plaintiff may bring a civil action under this subsection1 and there shall be no other cause of action available4 7#b7 ,only a ,president1 former ,president1 ,vice ,president1 or former ,vice ,president shall have standing to bring a civil action under this subsection4 7#c7 ,a facial challenge to the constitutionality of any provision of this ,act 7including this section7 may only be brought not later than #ahj days after the date of enactment of this ,act4 ,an as-applied challenge to the constitutionality of the enforcement or application of any provision of this ,act 7including this section7 may only be brought not later than #ij days after the date of such enforcement or application4 7#d7 ,a court of the ,united ,states shall presume that a provision of this ,act 7including this section7 or the enforcement or application of any such provision is constitutional unless it is demonstrated by clear and convincing evidence that such provision or its enforcement or application is unconstitutional4 7#e7 ,the civil action shall be filed in the ,united ,states ,district ,court for the ,district of ,columbia1 which shall have exclusive jurisdiction of a civil action under this subsection4 ,an appeal may be taken from the district court to the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit1 which shall have exclusive jurisdiction to hear an appeal in a civil action under this subsection4 7#f7 ,in a civil action under this subsection1 a decision of the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit shall be final and not appealable to the ,supreme ,court of the ,united ,states4 7#g7 ,the ,supreme ,court of the ,united ,states shall have no appellate jurisdiction to declare any provision of this ,act 7including this section7 unconstitutional or to bar or restrain the enforcement or application of any provision of this ,act 7including this section7 on the ground of its unconstitutionality4 7c7 ,clarifying scope of jurisdiction 7#a7 ,in general ,if an action at the time of its commencement is not subject to subsection 7a7 or 7b71 but an amendment1 counterclaim1 cross-claim1 affirmative defense1 or any other pleading or motion is filed such that the action would be subject to subsection 7a7 or 7b71 the action shall thereafter be conducted pursuant to subsection 7a7 or 7b71 as applicable4 7#b7 ,state courts ,an action subject to subsection 7a7 or 7b7 may not be heard in any ,state court4 7#c7 ,sua sponte relief ,no court may issue relief sua sponte on the ground that a provision of this ,act 7including this section71 or its enforcement or application1 is unconstitutional4 #e4 ,severability ,if any provision of this ,act1 or application of such provision to any person or circumstance1 is held to be unconstitutional1 the remainder of this ,act1 and the application of the provisions of this ,act to any person or circumstance shall not be affected thereby4 ,september #i1 #bjbd,read the second time and placed on the calendar