Trump Motion Says State Court Cannot Rule on Federal Matters

Donald Trump is taking another shot at having his Georgia case tossed out of the courts.

Trump’s legal team has filed a new motion in the Georgia case stating that the state cannot prosecute federal cases.

The inference is that since this was a federal general election, the state has no jurisdiction.

Case Closed

Trump’s attorneys are targeting two specific counts against Trump.

This would be count 15, a conspiracy to fine, and count 27, the filing of false documents in an exclusive federal tribunal.

The brief also cites a legal precedent of In re Loney, 134 U.S. 372 (1890).

In that case, even though state law allowed for prosecution, the judgment is not enforceable because it is a federal matter, which needs to be decided in a federal court.

The brief also cites Ross v. State, 55 Ga. 192 (1875), which ruled that an offense was not only against the state of Georgia but also against the public justice of the United States, giving the tilt to the federal government.

Another more recent case was cited, People v. Hassan, 86 Cal.Rptr. 314, 323-24 (2008).

That is a California case where prosecution was prohibited in a state court because the documents involved were connected to a federal investigation.

The arguments sound legitimate, but I am not sure that Trump will win this motion simply because Mark Meadows lost his motion, which was very much in the same ballpark.

This may be a federal case, but the issue is state-level, and the court will have to decide that.

But again, given that Trump’s legal team has lost virtually every motion filed, my hopes are not overly high that these charges will be removed from the case.

With all of the drama that surrounded Fani Willis, the Georgis case has not yet been scheduled, there is speculation that it could begin in August.