Presidential oversight of Attorney General

(a) In general Chapter 31 of title 28, United States Code, is amended by adding at the end the following: 530E. Presidential oversight of Attorney General (a) Certification In the case of any criminal prosecution against the President or a President-elect, irrespective of when the prosecution was initiated, if the Government seeks dismissal of such prosecution, the court shall require the Attorney General to submit a sworn statement under penalty of perjury attesting as to whether the dismissal was ordered by the President or President-elect, as applicable, or anyone acting pursuant to the direction of the President or President-elect, as applicable. (b) Considerations (1) In general The court shall only grant dismissal under this section if the court determines such dismissal is appropriate and in the interest of justice after having duly considered— (A) the circumstances of the case; (B) the sworn statement required by subsection (a); (C) any evidence in the record or ex curia, which shall be reflected in the order of the court, to support an inference that the decision to seek dismissal of the prosecution is motivated by bad faith or is a pretext to enable the President or President-elect, as applicable, to act outside of the legal and constitutional authority of the Presidency; and (D) any other factor the court determines is appropriate. (2) Evidentiary considerations Evidence considered under paragraph (1)(C) may include— (A) whether the dismissal was suggested, encouraged, requested, or ordered by the President or President-elect, as applicable; or (B) whether the Attorney General was, in the opinion of the court, appointed in whole or in part for the willingness of the Attorney General to dismiss the prosecution or any other criminal prosecution against the President or President-elect, as applicable. (c) Three-Judge court Any action seeking dismissal under this section shall be heard by a three-judge court convened pursuant to section 2284. (d) Sanctions If the court, in making a determination under subsection (b), additionally determines that the motion to dismiss was made without good cause, the court may impose sanctions as appropriate. (e) Inspector General responsibilities The Inspector General of the Department of Justice, upon having a good-faith basis to conclude that a motion to dismiss a prosecution against the President or President-elect, as applicable, was brought at the direction of the President or President-elect, as applicable, or anyone acting pursuant to the direction of the President or President-elect, as applicable, shall immediately report such findings to Congress. (f) Preservation and submission of materials If a court grants a dismissal under this section, the Attorney General shall— (1) preserve any materials obtained or prepared by the Department of Justice until the date on which the applicable limitations period expires; and (2) submit to the Inspector General of the Department of Justice and to Congress the materials described in paragraph (1).. (b) Technical and conforming amendment The table of sections for chapter 31 of title 28, United States Code, is amended by adding at the end the following: 530E. Presidential oversight of Attorney General..