Mark Meadows, the former chief of staff for President Donald Trump, is seeking to have the charges against him in Georgia state court transferred to federal court, aiming for the charges to be dismissed on constitutional grounds.
Meadows, who played a key role in Trump’s efforts to contest the results of the 2020 presidential election, is facing charges in connection with his alleged involvement in an attempt to overturn the election outcome.
The charges are part of a larger indictment unveiled by Fulton County District Attorney Fani Willis, which implicates 19 defendants, including Meadows and Trump himself, in what is described as a “criminal enterprise” aimed at overturning the election results.
Meadows’ lawyers filed court papers on Tuesday arguing that his case should be moved to federal court.
They contend that the charges against him constitute “state interference in a federal official’s duties,” which violates the supremacy clause of the U.S. Constitution.
The legal team also plans to file a separate request for the swift dismissal of the charges against Meadows.
“Motion practice has already begun in the Georgia Indictment. Former Chief of Staff Mark Meadows’ attorneys have filed a Motion to Remove his case to Federal Court. Looks like the Motioin was ready and waiting for filing before the indictment came down,” an attorney who presented the corresponding court documentation explained.
“Mr. Meadows has the right to remove this matter. The conduct giving rise to the charges in the indictment all occurred during his tenure and as part of his service as Chief of Staff. In these circumstances, federal law provides for the prompt removal of a “criminal prosecution . . . commenced in a State court . . . against or directed to” a federal official, “in an official or individual capacity, for or relating to any act under color of [his] office.” 28 U.S.C. § 1442(a)(1),” the attorney added.
The charges against Meadows include one count of racketeering and another count of soliciting a public officer to violate their oath of office.
The indictment outlines how Meadows facilitated communication between Trump and Georgia state officials, allegedly pressuring them to take actions to overturn the election results.
Meadows is the first defendant to seek a transfer of the case to federal court, but it is anticipated that others, including Trump, may also attempt to do the same.
A federal law known as a “removal statute” allows a federal officer facing state charges to have the proceedings moved to federal court if the alleged conduct falls within their official governmental duties.
Critics and legal experts have raised questions about whether election interference can be considered an official duty of a federal officer, arguing that such actions should not be protected under the removal statute.
Meadows’ motion has been submitted to the U.S. District Court for the Northern District of Georgia, where it will be reviewed by Judge Steve Jones, an appointee from the Obama administration.
