Fulton County District Attorney Fani Willis will present the initial details of her extensive anti-racketeering case against former President Donald Trump, his White House chief of staff Mark Meadows, and 17 other co-defendants at a federal court hearing on Monday. This will mark the first time that substantive arguments will be made in court regarding the four criminal cases brought against Trump this year. The hearing, beginning at 10 a.m., will focus on Meadows’ motion to transfer his case to federal court and potentially have it dismissed. However, the hearing could also serve as a mini-trial that determines the future of Fulton County’s case against Trump.
Willis is expected to provide a preview of the case she plans to bring against the 19 co-defendants, offering some of her evidence and legal arguments for why Trump and his allies violated the law by pressuring Georgia election officials to interfere with the 2020 election results. Georgia Secretary of State Brad Raffensperger, who received a call from Trump in January 2021 urging him to “find” votes to overturn his loss, has been subpoenaed to testify, along with an investigator from his office and two lawyers who were present during the call.
One aspect to watch for is Meadows’ attempt to move his case from Georgia state court to federal court, a move that several other defendants have also made. These defendants, including former Georgia Republican Party chair David Shafer and Cathy Latham, a fake elector, argue that they were acting under Trump’s direction. Meadows claims that the charges against him in Georgia should be dismissed based on a federal immunity claim that protects individuals who are prosecuted or sued for alleged conduct done on behalf of the US government or tied to their federal position.
While Meadows may face challenges in moving his case to federal court, he holds a unique position in Willis’ case, according to legal analyst Steve Vladeck. Vladeck describes the dispute as an “opening salvo” in a series of procedural fights and advises caution in viewing it as a bellwether for the overall case. Even if the judge grants Meadows’ request to move the prosecution to federal court, it does not guarantee the dismissal of the charges. Furthermore, the judge may not accept Meadows’ arguments for dismissal.
Moving a state criminal case to federal court is rare, particularly in criminal cases, according to legal experts. US law allows defendants in state civil suits or criminal cases to seek a transfer to federal court if they face charges related to conduct carried out on behalf of the federal government. Judge Steve Jones will navigate uncertain legal territory in this case, as there is limited precedent for such proceedings.
Meadows argues that his actions were part of his duties as a close White House adviser to Trump and should be protected under the Constitution’s Supremacy Clause. The Hatch Act, a federal law prohibiting government officials from engaging in political activity, is being used by Willis to argue that Meadows’ involvement in pressuring Georgia election officials was outside the scope of his official duties as a federal officer.
During the hearing, Willis is expected to call several witnesses to testify about the pressure campaign allegedly conducted by Trump and Meadows. Raffensperger, Frances Watson (chief investigator in the Georgia secretary of state’s office), Kurt Hilbert, and Alex Kaufman (the lawyers present on the Trump-Raffensperger call) have been subpoenaed. Their testimonies will help determine whether Trump and Meadows were acting in their federal positions or as candidates and campaign staff.
Judge Jones has shown a desire to avoid any circus-like atmosphere while also giving due consideration to Meadows’ arguments. He has issued orders that adhere closely to relevant statutes and case law, ensuring an efficient proceedings. Although the hearing could contain revealing moments, the judge will maintain a by-the-book approach. Willis’ case relies on the argument that Meadows and Trump were acting on behalf of their campaign rather than their federal positions.
The outcome of this hearing will have significant implications for the future of Fulton County’s case against Trump and his co-defendants. It will provide a glimpse into the evidence and legal arguments that Willis plans to present in court. Ultimately, the decision on whether to transfer the case to federal court and dismiss the charges against Meadows will rest with Judge Jones.
Original Story at www.cnn.com – 2023-08-28 00:38:00
Comments are closed.