Appellate court questions Mark Meadows' efforts to transfer Georgia election subversion trial
Federal appeals court questions Mark Meadows' bid to transfer Georgia election subversion trial to federal court, casting doubt on the former White House chief of staff's legal strategy
During a Friday morning hearing, Mark Meadows, former White House chief of staff under Donald Trump, faced skepticism from a federal appeals court as he attempted to transfer his Georgia election interference criminal case to federal court. Meadows' attorney, George Terwilliger, contended that his client should be protected from the Fulton County racketeering charges as they are connected to his time as a federal official. By moving the case to federal court, Meadows could potentially dismiss the charges by invoking federal immunity for individuals prosecuted or sued for conduct related to their roles in the US government.
The purpose of the prosecution in this case, as evidenced by the record and the overt acts listed in the indictment, pertains to actions carried out in the west wing of the White House by the highest appointed official, Terwilliger contended. Judge Robin Rosenbaum, appointed by former President Barack Obama, expressed significant concern with that argument.
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Rosenbaum said, "It appears that he believes everything he did was part of his official duties, and that just doesn't seem right."
Chief Judge William Pryor, appointed by former President George W. Bush, also questioned whether the removal statute applies to former federal officers facing state charges.
Pryor suggested that the majority of cases involving this issue pertain to current officers, implying that Congress may have valid grounds for removal given the impact on federal operations. However, the appellate judges expressed concern about the potential deterrent effect on future federal officials if the Meadows Fulton County case remained in state court.
No ruling was made on Friday and it is currently uncertain when the panel will reach a decision. Both parties will have the opportunity to appeal to the Supreme Court.
Earlier, US District Judge Steve Jones, who was appointed by Obama, determined that the alleged actions in the expansive Fulton County indictment were not within his federal duties.
In court, Donald Wakeford of the Fulton County District Attorney's office stated that there is no federal authority to protect in this case. In August, Meadows was charged by Fulton County prosecutors with violating Georgia's RICO law and attempting to persuade Republican Georgia Secretary of State Brad Raffensperger to violate his oath of office. The charges stem from a contentious phone call in which Meadows and Trump pressured Raffensperger to overturn the 2020 election results. Despite the accusations, Meadows has pleaded not guilty.
There are still fifteen defendants in the extensive racketeering case. Up to now, four of Trump's co-defendants, including three of his former attorneys, have reached plea deals with prosecutors and agreed to testify in the case. Fulton County prosecutors are aiming for the trial of Trump, Meadows, and the other remaining co-defendants to commence in early August 2024, which could possibly coincide with his presidential election campaign if he secures the Republican nomination.
Ultimately, its up to Superior Court of Fulton County Judge Scott McAfee to set a trial date.
