{"id":9704,"date":"2023-09-10T13:51:19","date_gmt":"2023-09-10T13:51:19","guid":{"rendered":"https:\/\/prosfunds.com\/politics\/judge-rejects-mark-meadows-bid-to-move-georgia-election-interference-case-to-federal-court\/"},"modified":"2023-09-10T13:51:19","modified_gmt":"2023-09-10T13:51:19","slug":"judge-rejects-mark-meadows-bid-to-move-georgia-election-interference-case-to-federal-court","status":"publish","type":"post","link":"https:\/\/prosfunds.com\/?p=9704","title":{"rendered":"Judge rejects Mark Meadows\u2019 bid to move Georgia election interference case to federal court"},"content":{"rendered":"
\n

\n A federal judge on Friday rejected former White House chief of staff Mark Meadows\u2019 bid to move his Georgia criminal case to federal court, a significant setback for Meadows and a troubling sign for former President Donald Trump.\n <\/p>\n

\n US District Judge Steve Jones found that the allegations against Meadows contained in the Fulton County district attorney\u2019s indictment on election subversion charges were largely \u201crelated to political activities\u201d and not to Meadows\u2019 role as White House chief of staff.\n <\/p>\n

\n \u201cThe evidence before the Court overwhelmingly suggests that Meadows was not acting in his scope of executive branch duties during most of the Overt Acts alleged,\u201d wrote Jones, a Barack Obama appointee.\n <\/p>\n

\n The Friday ruling has significant implications for the former president and his 18 co-defendants in the Fulton County district attorney\u2019s sprawling racketeering case, though the judge said the ruling did not apply to the other defendants. Meadows was the first of five defendants who already filed motions to move the case to federal court \u2013 and Trump is expected to do so, too.\n <\/p>\n

\n Meadows unsuccessfully argued that his case, now playing out in Georgia state court, should be moved because the allegations in the indictment were connected to his official duties as White House chief of staff. His lawyers wanted the case in federal court so they could try to get it dismissed altogether, invoking federal immunity extended to certain individuals who are prosecuted or sued for conduct tied to their US government roles.\n <\/p>\n

\n The judge\u2019s decision could set the tone for the other defendants also trying to move their cases. It\u2019s an ominous sign for the defendants who are hoping to invoke the same federal immunity protections.\n <\/p>\n

\n The judge explicitly stated in his ruling that he is not offering any opinion about Fulton County\u2019s underlying criminal case against Meadows, who has pleaded not guilty.\n <\/p>\n

\n Jones wrote in the decision that Meadows had not met even the \u201c\u2018quite low\u2019 threshold for removal\u201d to federal court, because his activities for the Trump campaign were outside the scope of his federal role as White House chief of staff.\n <\/p>\n

\n \u201cThe Court finds that the color of the Office of the White House Chief of Staff did not include working with or working for the Trump campaign, except for simply coordinating the President\u2019s schedule, traveling with the President to his campaign events, and redirecting communications to the campaign,\u201d Jones wrote. \u201cThus, consistent with his testimony and the federal statutes and regulations, engaging in political activities is exceeds the outer limits of the Office of the White House Chief of Staff.\u201d\n <\/p>\n

\n The Hatch Act, which prohibits federal officials from engaging in political activity as part of their official duties, was \u201chelpful in defining the outer limits of the scope the White House Chief of Staff\u2019s authority,\u201d the judge said.\n <\/p>\n

\n \u201cThese prohibitions on executive branch employees (including the White House Chief of Staff) reinforce the Court\u2019s conclusion that Meadows has not shown how his actions relate to the scope of his federal executive branch office. Federal officer removal is thereby inapposite,\u201d the judge wrote in the decision.\n <\/p>\n

\n Meadows on Friday swiftly appealed the ruling to the US 11th Circuit Court of Appeals.\n <\/p>\n

\n The indictment identifies eight overt acts Meadows allegedly took in furtherance of the scheme to overturn the 2020 election results. Meadows argued that these actions were part of his federal duties \u2013 and thus, the case should be moved to federal court \u2013 but Jones disagreed.\n <\/p>\n

\n \u201cThe Court finds insufficient evidence to establish that the gravamen, or a heavy majority of overt acts alleged against Meadows relate to his role as White House Chief of Staff,\u201d Jones wrote, adding that \u201cMeadows failed to provide sufficient evidence that these actions related to any legitimate purpose of the executive branch.\u201d\n <\/p>\n

\n One of Meadows\u2019 most critical actions was his participation in Trump\u2019s phone call with Georgia Secretary of State Brad Raffensperger in early January 2021, when Trump infamously prodded Raffensperger to \u201cfind\u201d enough votes for him to overcome Joe Biden\u2019s margin of victory.\n <\/p>\n

\n Jones ruled that this phone call \u201cwas made regarding private litigation brought by President and his campaign\u201d and was \u201ctherefore outside Meadows\u2019 federal role as an executive branch officer.\u201d\n <\/p>\n

\n Meadows other actions in late 2020, including contacts with state lawmakers that Trump hoped would help him undermine the election results, also weren\u2019t tied to his government role, Jones concluded.\n <\/p>\n

\n \u201cThe Court finds that the underlying substance of those meetings and calls were related to political activities and not to the scope of Meadows\u2019s federal office,\u201d the judge wrote.\n <\/p>\n

\n The ruling is also a personal blow to Meadows, who took a significant risk by testifying about the removal bid at a recent hearing, where he was questioned under oath by Fulton County District Attorney Fani Willis\u2019 team. Prosecutors could potentially use his testimony against him in future proceedings.\n <\/p>\n

\n After the charges against Trump and his 18 co-defendants were filed, the former president\u2019s lawyers signaled they intended to try to move Trump\u2019s case to federal court, just as Trump had unsuccessfully sought to do in his New York criminal case. Trump\u2019s lawyers told the judge overseeing the state case on Thursday that he may seek to move the case to federal court, but they haven\u2019t filed the legal motions yet.\n <\/p>\n

\n Trump has 30 days from the time he entered his not-guilty plea to file to move his case.\n <\/p>\n

\n CNN has reached out to lawyers for Meadows and Trump for comment.\n <\/p>\n

\n In addition to Meadows, Jeffrey Clark, the former Trump administration DOJ official, and three Georgia GOP officials who served as Trump\u2019s fake electors have also filed to move their cases to federal court. Former Georgia Republican Party Chairman David Shafer and former GOP Coffee County Chairwoman Cathy Latham have a joint hearing scheduled on September 20, while the third fake elector seeking federal removal \u2013 Shawn Still, a Georgia state senator \u2013 has a hearing on September 18.\n <\/p>\n

\n While Meadows\u2019 motion was rejected, Shafer, Still and Latham have made a slightly different argument: They say they acted as fake electors at Trump\u2019s direction. But unlike Meadows, who worked in the White House in 2020, the fake electors have a more tenuous link to the federal government, as nominees to serve as real electors for Trump if he won Georgia, who would\u2019ve participated in the federally mandated Electoral College process.\n <\/p>\n

\n In his decision Friday, Jones noted that his ruling regarding Meadows \u201cdoes not, at this time, have any effect on\u201d the other defendants who are also trying to move their case to federal court. Those motions are still pending before Jones, and evidentiary hearings are scheduled for later this month.\n <\/p>\n

\n \u201cThe Court will assess these Defendants\u2019 arguments and evidence following the forthcoming hearings\u2026. independent of its conclusion\u201d in the Meadows case, Jones wrote.\n <\/p>\n

\n There are several reasons why it would be advantageous for Meadows and the other defendants to move their cases to federal court. In addition to making immunity claims under the Constitution\u2019s Supremacy Clause, a federal trial would likely have a jury pool more sympathetic to Trump and his co-defendants.\n <\/p>\n

\n While the state courthouse for this case is based in deep-blue Fulton County, the federal court district that includes Fulton also contains the more-Republican northern part of the state.\n <\/p>\n

\n At his hearing last month, Meadows surprisingly took the stand trying to help move his case to federal court, testifying for more than three hours about what happened in the White House after the 2020 election.\n <\/p>\n

\n Meadows tried to argue that all of his work as the president\u2019s top adviser fit into his role as chief of staff \u2013 even when it spilled into politics.\n <\/p>\n

\n \u201cIt\u2019s still part of my job to make sure that the president is safe and secure and able to perform his job. And that\u2019s what I was doing,\u201d Meadows said, later adding, \u201cserving the president of the United States and \u2026 it takes on all kinds of forms.\u201d\n <\/p>\n

\n But the Fulton County prosecutors peppered Meadows with questions about how his official job involved things like setting up phone calls involving campaign lawyers, such as Trump\u2019s infamous January 2021 phone call Raffensperger.\n <\/p>\n

\n Jones concluded that some of Meadows\u2019 high-stakes testimony on the witness stand was lacking \u2013 and even used some of it against him in the ruling.\n <\/p>\n

\n \u201cWhen questioned about the scope of his authority, Meadows was unable to explain the limits of his authority, other than his inability to stump for the President or work on behalf of the campaign,\u201d Jones wrote, saying he would give Meadows\u2019 testimony on that topic \u201cless weight\u201d than the other evidence.\n <\/p>\n

\n Jones also cited Meadows\u2019 acknowledgment that the lawyers he included in the phone call with Georgia\u2019s secretary of state were working for Trump or his campaign \u2013 not the government.\n <\/p>\n

\n Fulton County prosecutors also subpoenaed Raffensperger to testify at Meadows\u2019 hearing, where Raffensperger said plainly there was no role for the federal government in certifying Georgia\u2019s elections.\n <\/p>\n

\n \u201cIt was a campaign call,\u201d Raffensperger testified.\n <\/p>\n

\n This story has been updated with additional details.<\/em>\n <\/p>\n<\/p><\/div>\n

Read the full article here<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

A federal judge on Friday rejected former White House chief of staff Mark Meadows\u2019 bid to move his Georgia criminal case to federal court, a significant setback for Meadows and a troubling sign for former President Donald Trump. US District Judge Steve Jones found that the allegations against Meadows contained in the Fulton County district […]<\/p>\n","protected":false},"author":1,"featured_media":9705,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"content-type":"","footnotes":""},"categories":[39],"tags":[],"class_list":{"0":"post-9704","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-politics"},"yoast_head":"\nJudge rejects Mark Meadows\u2019 bid to move Georgia election interference case to federal court | Prosfunds<\/title>\n<meta name=\"description\" content=\"A federal judge on Friday rejected former White House chief of staff Mark Meadows\u2019 bid to move his Georgia criminal case to federal court, a significant\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" 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