H.R.3776 - Don’t Settle for Bribes Act of 2025 (119th Congress)
Summary
H.R.3776, the "Don't Settle for Bribes Act of 2025," aims to restrict the President from initiating or continuing civil lawsuits within 90 days of a presidential election, during the President-elect period, or during the President's term. The bill mandates an immediate stay on any such proceedings until the end of the presidential term or the certification of the election results if the candidate is not elected.
The restrictions also extend to the President's immediate family and any business or entity where the President or a family member is a grantor or beneficiary. The Act includes provisions for tolling the statute of limitations during the stay and clarifies that it does not prohibit the President's right to access the court or preclude executive branch agencies from bringing or defending civil actions involving the U.S. government.
In essence, the bill seeks to prevent potential abuse of power by the President or close associates through civil litigation, particularly close to elections.
Expected Effects
The primary effect of this bill, if enacted, would be to temporarily halt civil lawsuits initiated by the President, President-elect, or presidential candidate (within 90 days of the election) and their immediate family or associated businesses. This could delay legal proceedings and potentially impact the outcomes of civil cases involving these individuals or entities.
It would also provide a period of respite from litigation during politically sensitive times, such as elections or the presidential term. The tolling of the statute of limitations ensures that the lawsuits can be resumed after the presidential term or election certification, mitigating potential prejudice to either party.
Potential Benefits
- Prevents potential abuse of power by the President or their family through civil lawsuits.
- Reduces the risk of politically motivated lawsuits influencing elections or policy decisions.
- Provides a temporary shield against litigation during politically sensitive periods.
- Ensures that statutes of limitations are tolled, preserving the right to pursue legal action after the presidential term.
- Clarifies that the Act does not impede the executive branch's ability to bring or defend civil actions.
Potential Disadvantages
- Could delay justice for parties involved in civil suits against the President or their family.
- May create a perception of unequal treatment under the law, as the President and their associates receive special consideration.
- Could be seen as an attempt to shield the President from legal scrutiny.
- May lead to complex legal challenges regarding the scope and applicability of the restrictions.
- Could potentially discourage individuals or entities from pursuing legitimate claims against the President or their family.
Most Disadvantaged Areas:
Constitutional Alignment
The bill's constitutionality is complex. While it doesn't explicitly violate any specific constitutional provision, it could be argued that it infringes upon the principle of equal protection under the law, potentially violating the Fifth Amendment's due process clause if it unduly advantages the President and their family in civil litigation.
However, the bill includes a rule of construction that it should not be construed to prohibit the President's right to access the court, which could mitigate this concern. The power of Congress to regulate legal proceedings is generally recognized, but this power is not unlimited and must be exercised in a way that respects constitutional rights.
Ultimately, the constitutionality of the Act would likely depend on how it is interpreted and applied by the courts, considering the balance between protecting the integrity of the presidency and ensuring equal access to justice.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).