Mark Meadows seeks to move Georgia conspiracy case to federal court - All In - MSNBC

[Rhiannon12866]

Mark Meadows has been indicted along with Trump and 17 other co-conspirators over their efforts to overturn Trump’s election loss in Georgia. Now Meadows is asking the court to move his case to a federal venue. Lawfare’s Anna Bower joins to discuss. - Aired on 08/15/2023.

[Xipe Totec]

1. LOL! nt

[BOSSHOG]

2. Delay til I die, the new gop strategy

Although despite Hayes legal wonkiness I’m confused. The chief of staff of Mr trump wants to transfer his case from the state of Georgia to the fed system which Joe Biden has weaponized against everything and everybody conservative according to the most brilliant and patriotic conservative minds. Wow, he doesn’t look it but I guess ole mark is quite the manly man.

[Rhiannon12866]

4. Andrew Weissmann is also addressing this with Lawrence O'Donnell

He said that any of the others indicted could try this as well, it would have a much larger jury pool, but still be prosecuted by the same prosecutor - and Weissmann also said that it would be a tough call since what Meadows did was not really part of his job as Chief of Staff, but part of the campaign. This is getting even more complicated and it's barely been 24 hours.

[ancianita]

6. One other good thing is that even with a change of venue & jury pool, the GA state laws still apply

This is Meadows' attempt to separate himself from the RICO implications, but under state law, he's still convicted if two or more of the group are. Sure, he'll appeal, which is real goal here, but there'll likely be no basis for a win.

The best thing is what Weissman said about separating out all the defendants -- a judge might rightfully find it in the state's interest for "the whole picture" to come out to a jury and on tv.

[republianmushroom]

3. Could this be the reason ?

Posted by brooklynite
https://www.democraticunderground.com/100218187520


People don't seem to be clear about why Trump (or Meadows) want to move State cases to Federal Court

It has nothing to do with the jury pool.

This CivPro backgrounder brings us to the news of the day. President Trump will try to remove his New York criminal prosecution to federal district court. As best as I can tell, this argument was first raised by David Rivkin and Kristin Shapiro in the Wall Street Journal. They wrote that Trump should remove the case. And once removed, Trump could invoked what is known as Supremacy Clause immunity. That doctrine, which flows from McCulloch v. Maryland, holds that states cannot prosecute a federal officer for engaging in some federal function. That landmark case arose from a criminal prosecution of a federal bank employee named McCulloch. Supremacy Clause immunity was also invoked in In Re Neagle. A marshal protecting Justice Steven Field killed a man in defense of the justice. California tried to prosecute the marshal for murder. The Supreme Court held that the prosecution was preempted by Supremacy Clause immunity.

https://reason.com/volokh/2023/05/04/trump-to-remove-criminal-prosecution-to-federal-court/

[Rhiannon12866]

5. Andrew Weissmann said that asking to find more votes was not a function of a Chief of Staff

But on behalf of the campaign.