Meadows, ex-Trump Chief, aims to halt state conviction during federal appeal.
Former Trump Chief of Staff Mark Meadows Appeals Racketeering Case
Former Trump White House chief of staff Mark Meadows is fighting to stay out of state court while he appeals a Georgia racketeering prosecution. His lawyers argue that going to trial in state court before his federal appeals are complete would prejudice him in the ongoing criminal proceeding.
“Absent a stay, there is a substantial risk Mr. Meadows will be irreparably injured,” the new motion states.
“He has a right to appeal … and a stay of the remand order is prudent ‘to help prevent [this] removed case from becoming a shuttlecock, batted back and forth between a state court and a federal court,’” the motion states, citing a 2021 precedent from the 1st Circuit.
The motion states that “the irreparable harm has already begun.”
Federal Judge Steve C. Jones denied Meadows’s motion for federal “removal” of the case and sent it back to Fulton County Superior Court. Judge Jones, appointed by President Barack Obama, found he lacked jurisdiction in the matter.
President Trump and several co-defendants have also filed notices of removal with the same federal judge.
Meadows has filed a notice of appeal directed to the 11th Circuit, which has a reputation as a conservative court. Some speculate it would be sympathetic to Meadows, who argues he is immune to state prosecution because his actions were done in his official capacity as a federal officer.
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The 11th Circuit would handle any emergency applications arising from its decisions, and Supreme Court Justice Clarence Thomas, known for his conservative views, oversees the 11th Circuit.
Meadows, former President Donald Trump, and 17 co-defendants were indicted by a state grand jury in Fulton County, Georgia, over Trump’s challenge to the election in Georgia. They are accused of violating the Georgia RICO Act from Nov. 4, 2020, to Sept. 15, 2022.
Fulton County District Attorney Fani Willis wants to try all the co-defendants as soon as Oct. 23, but some legal experts question the need for such haste.
“Meadows has sought to minimize this harm by asking the state court to sever and stay his case,” the motion notes.
“At a minimum, the court should stay the remand order to
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