Hank Johnson: “The Removal Clarification Act of 2010 will enable Federal officials--Federal officers, in the words of the statute--to…”

“The Removal Clarification Act of 2010 will enable Federal officials--Federal officers, in the words of the statute--to remove cases filed against them to Federal court in accordance with the spirit and intent of the current Federal officer removal statute. Under the Federal officer removal statute, 28 U.S.C. 1442(a), Federal officers are able to remove a case out of State court and into Federal court when it involves the Federal officer's exercise of his or her official responsibilities. However, more than 40 States have pre-suit discovery procedures that require individuals to submit to deposition or respond to discovery requests even when a civil action has not yet been filed. Courts are split on whether the current Federal officer removal statute applies to pre-suit discovery. This means that Federal officers can be forced to litigate in State court despite the Federal statute's contrary intent. This bill will clarify that a Federal officer may remove any legally enforceable demand for his or her testimony or documents, if the basis for contesting the demand has to do with the officer's exercise of his or her official responsibilities.”