Author Topic: Legal experts say Meadows will succeed in transferring Georgia case to federal court  (Read 386 times)

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Offline mystery-ak

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Legal experts say Meadows will succeed in transferring Georgia case to federal court

'Removal is important because when you have a federal official that is being charged by a state in violation of state law, that's something that you want to have removed to the federal courts so the federal judge can decide,' Parlatore says

By Nicholas Ballasy

Updated: August 16, 2023 - 6:14am

Timothy Parlatore, a former attorney for former President Donald Trump and criminal defense expert, predicted that former White House Chief of Staff Mark Meadows will succeed in removing the Fulton County, Ga. election case to federal court.

Meadows' attorneys formally filed court documents on Tuesday seeking to transfer the case. Meadows and 18 other individuals, including Trump, were indicted in Georgia on charges related to attempting to challenge and overturn the 2020 presidential election results in the state.

“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," his lawyers wrote.

Although Trump's New York case was not upgraded to federal court, Parlatore said that the decision from federal Judge Alvin Hellerstein of New York's Southern District "perfectly laid the groundwork" for moving the Georgia case.

What distinguishes the Georgia from the New York case is the nature of the alleged criminal acts. The New York case involved payments made by then-Trump attorney Michael Cohen to adult film actress Stormy Daniels. Judge Hellerstein said that "Hush money paid to an adult film star is not related to a President’s official acts. It does not reflect in any way the color of the President’s official duties."

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https://justthenews.com/government/courts-law/former-trump-attorney-says-meadows-will-succeed-moving-georgia-case-federal
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Offline Kamaji

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Apparently, 28 USC §1442, aka " federal officer removal" applies fairly widely and, as per the Supreme Court, should not be applied in a narrow, grudging manner.  It is used frequently by federal contractors, for example.

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