Ex-Trump aide seeks dismissal of Georgia 2020 election racketeering charges.
Mark Meadows, former chief of staff to then-President Donald Trump, has made a bold move to dismiss the charges against him in Georgia. He is invoking the supremacy clause in the Constitution, arguing that he is immune from state prosecution.
Along with President Trump and 17 other co-defendants, Meadows was charged with violating Georgia’s Racketeer Influenced and Corrupt Organizations (RICO) Act, as well as 40 other counts, for their actions related to the 2020 Georgia general election results.
Meadows was the first to file a motion to have his case removed to federal court, asserting that all the actions listed were part of his official duties as a federal employee. He argues that the supremacy clause protects him from state prosecution.
“The State’s prosecution of Mr. Meadows threatens the important federal interest in providing the President of the United States with close, confidential advice and assistance, firmly entrenched in federal law for nearly 100 years … and gives rise to precisely the sort of state interference in federal affairs the Supremacy Clause prohibits,” the 34-page motion (pdf) reads.
Federal Law
The supremacy clause states, “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof … shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.”
It establishes that federal law takes precedence over state laws. Meadows’s attorneys argue that this means states cannot impede or interfere with the actions of federal executive officials when they are carrying out federal laws. They cite a 2006 case that ruled a federal official wasn’t obligated to consider state criminal law before acting.
“While his conduct is alleged to have violated state law, it ‘can reasonably be characterized as complying with the full range of federal law,'” Meadows’s attorneys wrote.
They note that neither the Georgia case nor the similar case brought by the Justice Department against President Trump in Washington accused Meadows of violating any federal laws.
Ticking Clock
An evidentiary hearing for Meadows’s motion for removal has been scheduled for Aug. 28. The court has ordered Fulton County District Attorney Fani Willis to be served a copy of the notice immediately, with a deadline for her response set for Aug. 23.
Meadows is urging the court to halt the state criminal proceedings as soon as possible, citing the supremacy clause and Section 1442, which protect federal officials from being prosecuted in state court. He argues that the quick timeline of the prosecution puts his constitutional and statutory protection at risk.
The attorneys also highlight that Meadows’s notice to remove the case to federal court would affect all 19 defendants, regardless of whether they have a basis to remove the case or not.
The Fulton County indictment lists 161 acts of racketeering, with nine involving Meadows. These include setting up meetings, seeking state legislators’ contact information, and participating in meetings where President Trump received strategic advice on challenging the election results.
Meadows was also charged with unlawfully soliciting Georgia Secretary of State Brad Raffensperger to violate his oath of office during a phone call about the state’s votes.
In his earlier notice of removal, his lawyers wrote: “Nothing Mr. Meadows is alleged in the indictment to have done is criminal per se: arranging Oval Office meetings, contacting state officials on the President’s behalf, visiting a state government building, and setting up a phone call for the President. … One would expect a Chief of S
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