Legal experts say Trump co-defendants taking calculated risk by seeking transfer of Georgia case to federal court.
Defense Counsel for Trump Co-Defendants Take Calculated Risk in Seeking Removal to Federal Court
Legal experts are buzzing about the defense strategy employed by several co-defendants of former President Donald Trump. These individuals, facing charges related to alleged election interference, are requesting the removal of state racketeering charges to federal court. This move is seen as a calculated risk that could have significant implications for their cases.
The charges against President Trump and his 18 co-defendants, including former attorneys, were brought by a state grand jury in Fulton County, Georgia. The indictment, issued on August 14, accuses them of various offenses, such as violating Georgia’s Racketeer Influenced and Corrupt Organizations (RICO) Act, soliciting the violation of an oath by a public officer, and conspiracy to commit forgery and filing of false documents.
Three of the co-defendants are arguing that they should not be prosecuted in state court because their actions were performed in their official capacity as federal officers. They believe they have federal defenses available to them.
Related Stories
Under federal law, cases filed in state court can be removed or transferred to a federal district court with jurisdiction over the same geographic area. The defendant must file a notice of removal in federal court, which temporarily transfers the case to federal jurisdiction. The state court and other parties are also notified. A hearing is then held in federal court to determine whether the case should remain there. If removal is denied, the case is sent back to state court.
A case can only remain in federal court if it falls under the court’s subject matter jurisdiction. One common reason for removal is when a case involves the U.S. Constitution or a federal statute. If the case remains in federal court, it will be tried according to state laws.
The charges in Georgia stem from a phone call President Trump made to Georgia Secretary of State Brad Raffensperger on January 2, 2021. During the call, President Trump sought to secure enough votes to win the state’s Electoral College votes. He expressed his belief that illegal ballots had been cast in Georgia. President Trump denies any wrongdoing and views the charges against him as interference in the 2024 presidential campaign.
Notable figures, such as Mark Meadows (former White House chief of staff) and Jeffrey Clark (former U.S. Assistant Attorney General for the Environment and Natural Resources Division), are also implicated in the alleged conspiracy surrounding the former president. They have filed notices of removal, seeking to have their cases transferred to federal court. David Shafer, a Georgia elector from the alternate Trump slate, has also filed a notice of removal.
Mr. Meadows filed a notice of removal in the U.S. District Court for the Northern District of Georgia on August 15. He subsequently filed a motion in federal court, arguing for the dismissal of the state charges. He claims immunity from state prosecution under the U.S. Constitution’s Supremacy Clause, which prioritizes federal law over state law. According to Mr. Meadows, he was merely performing his duties as a federal employee.
In response, Ms. Fani Willis, the Fulton County District Attorney, has given all the defendants until August 25 to surrender at the Fulton County jail. Mr. Meadows filed an emergency motion for immediate removal or an order preventing his arrest. However, Ms. Willis argues that his motion lacks merit and that federal courts should abstain from interfering with state prosecutions.
U.S. District Judge Steve Jones reportedly denied the motions by Mr. Meadows and Mr. Clark to dismiss their cases and block Ms. Willis from arresting them. However, he has not yet ruled on the removal motions. This means that, for now, the defendants must surrender by the deadline and face arraignment in state court or risk arrest.
Two legal experts, including Mark Miller from the Pacific Legal Foundation, shed light on the removal process and its potential impact on the defendants. According to Miller, federal employees can only remove a case to federal court under specific circumstances. For example, if a federal employee commits a crime outside of their official duties, their attempt to remove the case to federal court would likely be rejected.
" Conservative News Daily does not always share or support the views and opinions expressed here; they are just those of the writer."
*As an Amazon Associate I earn from qualifying purchases
Now loading...