Former Trump aide Mark Meadows asks Supreme Court to move his Georgia election interference case to federal court
Mark Meadows has requested his trial be moved to federal court over immunity and misconduct questions, the New York Sun reported. Meadows was the chief of staff to former President Donald Trump, who prevailed at the high court in his own arguments over presidential immunity.
Fulton County District Attorney Fani Willis charged Meadows with two crimes in her racketeering case involving election interference. Meadows believes Georgia is not an appropriate venue, considering the legal issues at hand.
"It is hard to imagine a case in which the need for a federal forum is more pressing than one that requires resolving novel questions about the duties and powers of one of the most important federal offices in the Nation," Meadows' attorneys wrote. Trump's favorable presidential immunity verdict opens the door for Meadows.
The case is also tied up with questions surrounding prosecutorial misconduct. The Georgia Court of Appeals is currently looking into whether Willis' inappropriate affair with a special prosecutor impacted her judgment in bringing the case against Trump and others.
Meadows' Case
According to CNN, the US 11th Circuit Court of Appeals turned Meadows down last December in his bid for the change of venue. Chief Judge William Pryor stated in that opinion that "the events giving rise to this criminal action were not related to Meadows’ official duties."
Meadows has not given up and was granted several extensions while awaiting a Supreme Court review of that decision. However, his petition could get more traction after the ruling favoring Trump's immunity claim.
Meadows' attorneys said that immunity for his actions taken while working for the president "should not be a close call—especially now that this Court has recognized that federal immunity impacts what evidence can be considered, not just what conduct can form the basis for liability." They also believe it justifies moving to federal court.
"Just as immunity protection for former officers is critical to ensuring that current and future officers are not deterred from enthusiastic service, so too is the promise of a federal forum in which to litigate that defense,” Meadows wrote in the filing. Another remedy proposed would be to send it back to the lower courts.
That would give Meadows another chance to litigate it with Trump's immunity judgment under consideration. Regardless, it seems there will be no decision on the Georgia case before Election Day, as the Willis question is still under review.
Presidential Immunity
According to a report from Fox News, the 6-3 Supreme Court decision released on July 1 granted Trump broad presidential immunity. However, the decision wasn't without its limits and caveats.
"The President enjoys no immunity for his unofficial acts, and not everything the President does is official. The President is not above the law," Chief Justice John Roberts wrote in the majority opinion.
"But Congress may not criminalize the President’s conduct in carrying out the responsibilities of the Executive Branch under the Constitution. And the system of separated powers designed by the Framers has always demanded an energetic, independent Executive," Roberts explained.
"The President, therefore, may not be prosecuted for exercising his core constitutional powers, and he is entitled, at a minimum, to a presumptive immunity from prosecution for all his official acts. That immunity applies equally to all occupants of the Oval Office, regardless of politics, policy, or party," the opinion stated.
Meadows has a strong case to move his trial out of Georgia because of the legal issues. While the high court has favored Trump's arguments, it's unclear whether Meadows will also receive a downstream benefit.