Former Trump official Meadows demands Fulton County charges be moved to federal court

[Kamaji]

Former Trump official Mark Meadows demands Fulton County charges be moved to federal court

By Victor Nava
August 16, 2023

Mark Meadows on Tuesday demanded that the two charges leveled against him in Fulton County, Georgia, be moved to federal court — arguing that he was acting within the scope of his authority as a “federal official” when he engaged in the actions cited in the indictment against former President Donald Trump and 18 others.

“Mr. Meadows is entitled to remove this action to federal court because the charges against him plausibly give rise to a federal defense based on his role at all relevant times as the White House Chief of Staff to the President of the United States,” Meadows’ attorneys wrote in a Tuesday filing in the Northern District of Georgia.

“Nothing Mr. Meadows is alleged in the indictment to have done is criminal per se: arranging Oval Office meetings, contacting state officials on the President’s behalf, visiting a state government building, and setting up a phone call for the President. One would expect a Chief of Staff to the President of the United States to do these sorts of things,” the filing states.

“This is precisely the kind of state interference in a federal official’s duties that the Supremacy Clause of the U.S. Constitution prohibits.”

The former Trump administration official seeks to have his case heard in the US District Court for the Northern District of Georgia, rather than Fulton County, where he will attempt to have the two charges against him dismissed.

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Source:  https://nypost.com/2023/08/16/ex-trump-official-mark-meadows-demands-fulton-county-charges-be-moved-to-federal-court/

[Kamaji]

Apparently, there is a federal statute that permits the removal of a state criminal proceeding to a federal district court if the proceeding is against a federal official:  28 USC §1442.  Interestingly, 28 USC §1455, which sets the procedures for invoking the removal, requires a notice of removal to be filed with the relevant district court within 30 days of arraignment.

One learns something new every day.

[Maj. Bill Martin]

Apparently, there is a federal statute that permits the removal of a state criminal proceeding to a federal district court if the proceeding is against a federal official:  28 USC §1442.  Interestingly, 28 USC §1455, which sets the procedures for invoking the removal, requires a notice of removal to be filed with the relevant district court within 30 days of arraignment.

One learns something new every day.

Obviously, this would apply equally to Trump as well.

The thirty days is pretty standard, and I would expect Meadows and the rest to take most of it before filing their Notice of Removal.

One thing of which non-lawyers should be aware is that a Notice of Removal is effective as of the moment it is filed.  That means the case will automatically go to federal court, at least temporarily, regardless of whether the case ultimately stays in federal court or not.  The Federal court will then rule on whether the case belongs in state or federal court.

What that means is that there shouldn't be any jumping for joy when there is an announcement that the case has been removed and is now in federal court. That part is automatic. The trick is keeping it there and not having the federal court remand it back to the state court.