No Torts for Trump Act
- Sponsor
- Sen. Schiff, Adam B. [D-CA]
- Committees
- Judiciary Committee (primary)
- Last action
- Nov 18, 2025
Bottom line
The bill aims to restrict a President's ability to use the Federal Tort Claims Act to pursue personal legal claims, particularly those related to actions taken before or during their presidency.
What it actually does
This bill amends the Federal Tort Claims Act (FTCA) to prevent any sitting President, or any individual who becomes President while a claim is pending, from seeking relief under Chapter 171 of title 28, United States Code. This prohibition applies to all claims, regardless of when the act or omission giving rise to the claim occurred, and to any claim pending on or brought after the bill's enactment.
Proponents argue
Supporters argue this bill is necessary to prevent potential abuses of power or conflicts of interest where a President might use the FTCA for personal gain or to silence critics, especially concerning past actions. They contend that the presidency should not confer special legal advantages for personal tort claims and that this measure promotes accountability and prevents the weaponization of legal processes.
Opponents contend
Opponents might argue that this bill unfairly targets a specific individual or office, potentially undermining the legal rights of a President as a citizen. They could contend that it sets a dangerous precedent by selectively removing legal avenues, and that existing legal frameworks are sufficient to address any potential abuses without needing a specific prohibition against the President.
The bill is exceptionally short and clear, making it very accessible for any reader to understand its provisions quickly.
Section 2(a) and (b)
Prohibition on Presidential Claims Under Federal Tort Claims Act
This provision amends existing law (28 U.S.C. 2680) to add a new exception, specifically preventing the President, or anyone who becomes President while a claim is ongoing, from bringing any claim under the Federal Tort Claims Act (FTCA). This means a President cannot sue the government for torts (civil wrongs) committed by federal employees. The amendment applies retroactively to any claim already pending or brought after the bill's enactment, regardless of when the underlying event occurred.
Supporters argue
Supporters argue that this provision closes a potential loophole where a President might use the FTCA for personal legal battles, potentially diverting government resources or creating conflicts of interest. They assert it ensures that the office of the President is not used to gain an unfair advantage in personal litigation.
Critics contend
Critics might contend that this provision unfairly singles out the President, potentially denying them the same legal recourse available to other citizens. They could argue it sets a precedent for selectively stripping legal rights based on office, which could be seen as politically motivated or an overreach.
Tradeoffs
The provision balances the desire to prevent potential abuse of presidential power in personal litigation against the principle of equal access to justice for all citizens, including the President. It also raises questions about the scope of presidential immunity and accountability.