Georgia prosecutors respond to Meadows motion to move case to federal court.

[RandySF]

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Kyle Cheney

@kyledcheney
JUST IN: Georgia prosecutors say it doesn’t matter, for removal purposes if *some* of Meadows’ overt acts in the conspiracy were part of his job. All that matters is whether his alleged agreement to join the conspiracy was plausibly related to his job.

[Chainfire]

1. In the Navy, as rest as the other services, one of the first things that they taught us in boot camp

was what the UCMJ was all about. A couple of things were emphasized over and over; all of the things that you could do that could get you long prison sentences or the death penalty. Another thing that the harped on is that an illegal order is not binding, and if you carry out an illegal order, then you will be held criminally responsible.

Although, the President and his team are not subject to the UCMJ, the principal in law is most likely the same. You can not claim that you were "just following orders" in the commission of a crime and expect immunity. In fact, that defense ended once and for all in Nuremburg.

If Meadows thought that something that the president requested or demanded was not right, he could have resigned...

All I can figure is that Meadows is grasping at straws, because he knows that there is no defense, moral or legal for his actions. If Meadows thinks that he is special then he can request the upper bunk in the B wing... If he sinned in Georgia, then he can be tried in Georgia.

[MOMFUDSKI]

3. My ex was on guard duty at the flight line gate

for a base alert exercise. His instructions were to let
NOBODY thru that gate. Along came the Base Commander and ordered him (Airman 1st Class) to let him go through the gate 3 or 4 times and his answer was NO SIR. Finally Commander said GOOD JOB Airman. Talk about pressure.

[Beastly Boy]

6. I always wondered whether being a Commander in Chief makes a US President

subject to UCMJ.

Any thoughts on that?

[Chainfire]

7. Nope, the President is a civilian.

[Beastly Boy]

8. Thanks

[Ocelot II]

10. No, he's a civilian.

[Ocelot II]

2. Very well done!

What Meadows is charged with is conspiring to violate the GA RICO act. It doesn't matter what the underlying acts were or whether he committed them personally; what matters is the conspiracy, which is clearly not within the scope of his duties. How can ot be said that conspiring to commit a crime is within the scope of his federal job? And he has no colorable federal defense, either: "If the Court finds that any of the defendant’s overt acts were not committed under color of his office, the defendant cannot raise a colorable defense of Supremacy Clause immunity."

[Kingofalldems]

4. So it has NOT been moved to federal court?

This thread from this morning seems to say it has been moved.


https://www.democraticunderground.com/100218235803

[Renaissance Man]

5. No.

No. Both sides have submitted a post-hearing brief on the issue requested by the judge. The judge hasn't rendered his decision yet.

[Ocelot II]

9. No. Whether it should be removed is being heard by a federal judge

and the parties have submitted briefs in answer to a question by the judge. He has yet to decide, but probably will pretty soon. An appeal is likely to ensue regardless of the result.

[Cha]

11. Zing! TY