Explosive Legal Battle: Trump-Era DOJ Official Jeffrey Clark Attempts to Escalate Georgia Charges to Federal Court in High-Stakes Showdown

Jeffrey Clark, a former official in the Trump-era Justice Department, is scheduled to appear in court on Monday for a hearing in Atlanta. He is facing charges related to the Georgia election subversion case and his attempt to transfer the case to federal court. The hearing will be held before US District Judge Steve Jones, who recently denied a similar request made by another co-defendant, Mark Meadows, the former chief of staff at the Trump White House.

The case arises from Clark's attempt to leverage his high-ranking position at the Justice Department in order to assist former President Donald Trump in overturning the 2020 presidential election outcome, even though his superiors objected.

Clark and other defendants, who are seeking to transfer their cases to federal court, argue that their actions were carried out on behalf of the federal government after the election, thereby allowing them to have their state charges heard by a federal judge. Additionally, by invoking immunity protections available to federal officials, they may potentially benefit from more favorable trial settings or have the charges against them dismissed entirely.

On Friday, September 15, 2023, Donald Trump, the former President of the United States and the current Republican candidate for the 2024 presidential election, delivered a speech at the annual Pray Vote Stand Summit organized by the Family Research Council and FRC Action in Washington, DC. The Family Research Council, an evangelical activist group, recently initiated a campaign aimed at supporting GOP efforts to introduce restrictions on funding under PEPFAR for organizations involved in or supporting abortion services.

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"According to his lawyers, Mr. Clark's involvement in legal, factual, or policy discussions at the Justice Department was solely based on his position as a senior official within the Department. His arguments on Monday are expected to challenge the boundaries between federal and state actions."

According to multiple ex-Justice Department officials, Clarks bid sets him apart from Meadows as it is uncertain. They claim that within the department, Clark called for actions aimed at eroding public confidence in the election. However, his superiors disagreed, and his direct communication with Trump following the election was not sanctioned as part of his role. As of now, Trump has not lodged any motions, but it is anticipated that he may pursue this course of action.

Clark is facing charges for violating Georgia's Racketeer Influenced and Corrupt Organizations Act (RICO) and for attempting to make false statements. He has entered a plea of not guilty.

Fulton County District Attorney Fani Willis is against Clark's attempt to transfer his case.

Clark's team accused him of straying perilously beyond his designated role and surpassing the limits of his own authority while working at the Justice Department. Prosecutors emphasized that his superiors consistently admonished him for his misconduct, with one even describing his actions as both "wildly inappropriate and irresponsible."

Following Trump's defeat in the 2020 election, Clark began actively endorsing implausible conspiracy theories regarding a global plot to manipulate voting machines against Republicans, as cited in two congressional reports and previous CNN coverage. Additionally, he violated the policy of the Justice Department by engaging in direct conversations with Trump on multiple occasions.

During these discussions, Trump contemplated appointing Clark as the interim attorney general with the intention of issuing a letter through the Justice Department, urging officials in crucial states such as Georgia to reevaluate their election outcomes on grounds of alleged fraud.

However, Trump abandoned this proposal when senior officials within the Justice Department cautioned that they would resign in defiance. These incidents form part of the federal election subversion accusations against Trump, with Clark being listed as an unindicted co-conspirator. Trump, on the other hand, maintains his plea of not guilty in both of these legal proceedings.

Former attorney general backs Clark

It is uncertain whether Clark will testify on Monday to discuss his position at the Justice Department, like Meadows did during his own hearing in a surprising and daring move to broaden the court's perception of his role as chief of staff.

Clarks attorney failed to respond to a comment request. However, Clark has provided a sworn statement to the court regarding his tenure at the Justice Department, which could serve as evidence in the case.

According to the statement, Clark asserts that he never engaged in campaign activities for Trump's reelection, never acted in a personal capacity, and never deliberately held false positions while serving at the Justice Department.

US President Donald Trump addresses his supporters near the White House on January 6, 2021, in Washington, DC. Thousands of Trump supporters, driven by his baseless claims of voter fraud, are converging on the nation's capital to protest against the anticipated certification of Joe Biden's victory by the US Congress. (Photo by Brendan Smialowski / AFP) (Photo by BRENDAN SMIALOWSKI/AFP via Getty Images)

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Former Attorney General Ed Meese, who served in the Reagan administration, submitted a sworn statement to the court prior to the hearing, advocating for Clark. In the court filing on Sunday, Meese argued, "The prosecution of the President and an [assistant Attorney General] is a significant violation of federal supremacy, unprecedented in the history of our nation."

Meese further expressed concerns, stating, "If we were to accept the premise of this prosecution, it would imply that state law enforcement officials could arrest local U.S. Attorneys and their assistants while they were deliberating on whether and how to pursue potential legal action against state or local officials."

Former Justice Department official Jody Hunt was subpoenaed by state prosecutors to testify at the hearing on Monday. He held a significant role in the Trump administration as the head of the Justice Department's Civil Division before Clark assumed the responsibility. Furthermore, Hunt represented a crucial witness on January 6, 2021, who provided incriminating testimony against Trump. When contacted by CNN, Hunt respectfully declined to disclose the subject of his testimony.

This is one of two federal hearings this week about moving the Georgia case. Three "fake electors" facing charges have an hearing set for Wednesday on the same question.