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Friday, September 8, 2023

CNN: 'Why Mark Meadows Lost Bid To Move Georgia Criminal Case To Federal Court'

Source:CNN- former President Donald J. Trump White House Chief of Staff Mark Meadows.

Source:The New Democrat

"A federal judge on Friday rejected former White House chief of staff Mark Meadows’ bid to move his Georgia criminal case to federal court, a significant setback for Meadows and a troubling sign for former President Donald Trump.

US District Judge Steve Jones found that the allegations against Meadows contained in the Fulton County district attorney’s indictment on election subversion charges were largely “related to political activities” and not to Meadows’ role as White House chief of staff.

“The evidence before the Court overwhelmingly suggests that Meadows was not acting in his scope of executive branch duties during most of the Overt Acts alleged,” wrote Jones, a Barack Obama appointee.

The Friday ruling has significant implications for the former president and his 18 co-defendants in the Fulton County district attorney’s sprawling racketeering case, though the judge said the ruling did not apply to the other defendants. Meadows was the first of five defendants who already filed motions to move the case to federal court – and Trump is expected to do so, too.

FILE PHOTO: Former U.S. President and Republican presidential candidate Donald Trump speaks during a campaign rally in Windham, New Hampshire, U.S., August 8, 2023.   REUTERS/Reba Saldanha/File Photo
The latest in Georgia 2020 election case
Meadows unsuccessfully argued that his case, now playing out in Georgia state court, should be moved because the allegations in the indictment were connected to his official duties as White House chief of staff. His lawyers wanted the case in federal court so they could try to get it dismissed altogether, invoking federal immunity extended to certain individuals who are prosecuted or sued for conduct tied to their US government roles.

The judge’s decision could set the tone for the other defendants also trying to move their cases. It’s an ominous sign for the defendants who are hoping to invoke the same federal immunity protections.

The judge explicitly stated in his ruling that he is not offering any opinion about Fulton County’s underlying criminal case against Meadows, who has pleaded not guilty.

Jones wrote in the decision that Meadows had not met even the “‘quite low’ threshold for removal” to federal court, because his activities for the Trump campaign were outside the scope of his federal role as White House chief of staff.

“The Court finds that the color of the Office of the White House Chief of Staff did not include working with or working for the Trump campaign, except for simply coordinating the President’s schedule, traveling with the President to his campaign events, and redirecting communications to the campaign,” Jones wrote. “Thus, consistent with his testimony and the federal statutes and regulations, engaging in political activities is exceeds the outer limits of the Office of the White House Chief of Staff.”

The Hatch Act, which prohibits federal officials from engaging in political activity as part of their official duties, was “helpful in defining the outer limits of the scope the White House Chief of Staff’s authority,” the judge said."

From CNN 

"CNN’s Gloria Borger and Jamie Gangel dissect a federal judge’s decision to reject former White House chief of staff Mark Meadows’ bid to move his Georgia criminal case to federal court. " 

From CNN 

As I said on The New Democrat 11 days ago: 

“The Meadows legal team is going to have to answer the question where is it in the interest of the United States and under Mark Meadows job description, for the White House Chief of Staff, to try to convince the Secretary of State of Georgia, to throw out enough legal votes, for then President Donald Trump to win that election in 2020. Which is what Meadows was trying to do on behalf of then candidate Trump in 2020, so the President could overturn the 2020 election and be declared the winner and be able to stay in office.

The Meadows legal team is not going to be able to do that because Meadows was clearly acting as a Trump campaign official, not as Federal Government official. And so was the President in November or December of 2020, when he was trying to do the exact same thing, when he was talking to the Georgia Secretary of State as well.

George Conway already explained in this video (that’s linked on this post) about the Hatch Act. If Meadows is making a free speech argument by saying that he was advocating for the President of the United States in Georgia, when he was trying to convince the Secretary of State to overturn the election there and declare President Trump the winner, he would be in violation of the Hatch Act, which is a Federal felony.

Under Federal law, Federal officials, who are not elected officials, meaning they don’t serve in Congress or are not President or Vice President, are barred from weighing in on and contributing to political campaigns and elections. Legally, they’re supposed to be above politics. So which felony does Mr. Meadows want to plead guilty to: the Federal Hatch Act, or the Georgia RICO ACT?”

I don’t want to sound like I’m kissing my own ass: (which would be impossible for me to day anyway, at least physically) but for anyone who predicted that Mark Meadows was actually going to win this, perhaps also believes in Santas Clause as well.

It’s clear that what Mark Meadows was doing post-2020 election day, after President Donald Trump had already lost to Joe Biden, (and that’s according to the 50 United States, including Georgia, Arizona, Wisconsin, Pennsylvania, and Michigan) he was working on behalf of his de-facto client Donald J. Trump, to overturn that presidential election and just automatically declare President Trump the winner of that state. Even though it was clear that the President lost that election by 12,000 votes. Mr. Meadows wasn’t acting as White House Chief of Staff Mark Meadows, on behalf of the U.S. Federal Government, which is why he lost today.

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John F. Kennedy Liberal Democrat

John F. Kennedy Liberal Democrat
Source: U.S. Senator John F. Kennedy in 1960