Trump indictment could spark court venue dispute: Fulton or federal?
Donald Trump Faces Racketeering Charges in Georgia State Court
Donald Trump is currently facing a total of 13 charges in a sweeping racketeering indictment in Georgia state court. However, there is a possibility that the former president could request a venue change to a federal court, which would result in a different jury pool and camera bans.
If the trial were to take place in state court, Georgia law allows for cameras during judicial proceedings with the approval of a judge. This means that it would be the first and only one of Trump’s four criminal cases to be televised. Trump has a history of challenging courtroom venues and judges, and if successful in Fulton County, the public may not have the option to livestream the trial in a federal courthouse.
Mark Meadows Attempts to Relocate Case to Federal Court
On Tuesday, Trump’s former chief of staff, Mark Meadows, became the first of the 19 defendants in the racketeering indictment to seek a relocation of his case to federal court in Atlanta. Meadows’s counsel argues that he has the right to change venues because the alleged criminal conduct occurred “during his tenure and as part of his service as chief of staff.”
Moving the trial from Fulton County to federal court could potentially benefit Trump and Meadows. They could have a higher chance of drawing a politically friendly jury pool or even end up with a judge appointed by the former president.
Typically, jurors in a federal court trial would be selected from 10 counties in the Atlanta division, including five where Trump received at least 36% of the vote. However, there are exceptions to this rule, as seen in the trial of the three men convicted in the murder of Ahmaud Arbery. Jurors were selected from the entire 43-county Southern District of Georgia due to the high-profile and sensitive nature of the case.
If Trump’s case were to cast a wider net, it would be selected from 46 counties in the Northern District, which include conservative strongholds that elected GOP Representatives Marjorie Taylor Greene, Andrew Clyde, and Barry Loudermilk.
U.S. District Court Judge Steve CarMichael Jones, an appointee of former President Barack Obama, will be the deciding factor in Meadows’s bid to move to federal court.
Potential Move to Federal Court in Georgia
Legal experts believe that Trump is likely to attempt a similar move to federal court in Georgia, despite being rejected in separate motions for his Manhattan criminal indictment. In his New York case, the judge ruled that the conduct charged in the indictment did not relate to any act done by Trump as president.
However, the circumstances surrounding the racketeering case in Georgia could provide a better chance for Trump and his co-defendants to have their cases taken to federal court. The so-called removal statute enacted by Congress in 1948 could protect federal officials from harassment by state officials and allow for a venue change.
Attorneys for Meadows argue that his alleged criminal conduct occurred during his tenure as Chief of Staff, making him eligible for removal to federal court under the statute.
Even if Trump succeeds in moving the case to federal court, it is important to note that the charges are still Georgia state crimes and cannot be pardoned by a president.
Source: The Washington Examiner
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