Meadows may surpass Trump in Supreme Court race for federal court removal.
Former White House Chief of Staff Mark Meadows Could Beat Trump to Supreme Court in Bid to Remove Georgia Criminal Case to Federal Court
Legal experts believe that former White House Chief of Staff Mark Meadows may reach the steps of the Supreme Court before his ex-boss, Donald Trump, in his attempt to remove his Georgia criminal racketeering case to federal court. Meadows is currently awaiting a decision from U.S. District Judge Steve Jones on whether his case, brought by Fulton County District Attorney Fani Willis, can be moved from state to federal court. Meadows argues that his actions surrounding the charges were part of his official duties.
Setting Precedent and Seeking Removal
According to Atlanta-based defense attorney Philip Holloway, Meadows’s co-defendant in the Georgia racketeering indictment has a higher chance of reaching the Supreme Court first, regardless of Trump’s increasing indictments and the upcoming 2024 presidential election. Holloway suggests that regardless of Judge Jones’s ruling, it will likely be appealed to the U.S. Court of Appeals for the 11th Circuit. The appeals court ruling would then set a precedent, potentially leading to a Supreme Court ruling if the case reaches that level. Holloway notes that four other defendants listed in the indictment are also seeking similar removal bids, while Trump’s team has not filed for removal.
Establishing Precedent and Defining Overt Acts
Judge Jones himself acknowledged during an evidentiary hearing that his decision in Meadows’s case could establish precedent for future cases, as there is a lack of case law to guide his pending decision. Meadows’s indictment includes a violation of Georgia’s racketeering law and several overt acts attributed to him. In a supplemental filing, Judge Jones asked whether at least one of the overt acts would be sufficient for removal under the statute being cited for Meadows’s removal bid.
Arguments for Removal and State Court Proceedings
Fulton County District Attorney Fani Willis argues that Meadows committed crimes beyond his official duties to aid Trump’s pursuit of overturning the election. She contends that even if there is only one official act, it should not be enough to move the case. Meadows’s counsel, on the other hand, argues for removal based on Meadows’s articulation of his federal defense, rather than the state’s articulation of its charges. Willis wants the case to be sent back to state court and insists on trying all defendants together in the state forum. Meadows, however, seeks a more favorable jury pool in federal court and hopes to avoid public televised proceedings due to the more relaxed state court rules.
Implications for Trump and Timing
Legal experts, including former Trump impeachment defense attorney Alan Dershowitz, suggest that Trump’s counsel is likely observing Meadows’s attorneys ahead of their own motion to seek removal. Dershowitz believes that if Meadows loses and seeks an interlocutory appeal or mandamus, the case may quickly reach the Supreme Court, potentially delaying the trial. However, Chuck Rosenberg, a former top federal prosecutor, believes that Meadows could swiftly appeal Judge Jones’s order, as the court record in this case is relatively small and does not have to take a long time.
As Meadows awaits Judge Jones’s decision, he entered a not guilty plea in state court and waived his appearance before Superior Court Judge Scott McAfee, along with the other defendants in the case. McAfee will hold a livestreamed hearing to consider motions filed by attorneys Kenneth Chesebro and Sidney Powell, who seek separate trials from each other and the other defendants. The judge also requested a “good-faith estimate” from Willis’s team regarding the time needed for the state to present its case during a joint trial of all 19 defendants, which could impact Meadows’s case depending on his pursuit to stay in federal court.
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