Alternate Trump electors urged a judge to hear state charges in federal court, while a state lawyer insisted the prosecution was not motivated by politics.
ATLANTA–Three alternate presidential electors who argue their efforts to support former President Donald Trump in Georgia in the 2020 election were shielded by federal law, urged a federal judge on Sept. 20 not to return state racketeering charges against them to state court.
The federal removal hearing before Judge Steve C. Jones of the Northern District of Georgia is apparently the first test in federal court of alternate electors’ argument that they are immune to state prosecution because they were acting as federal officers. The judge was appointed in 2011 by President Barack Obama.
The evidentiary hearing in Atlanta lasted a little under three hours.
On Sept. 8, Judge Jones rejected the motion of former Trump White House Chief of Staff Mark Meadows to remove the state election interference case against him to federal court. The judge ruled that he lacked jurisdiction to hear the case and found that Mr. Meadows’s “political activities,” such as “working with or working for the Trump campaign,” went beyond “the outer limits of the Office of the White House Chief of Staff.”
Mr. Meadows has asked the U.S. Court of Appeals for the 11th Circuit to review the judge’s decision. His lawyers argued in a brief filed on Sept. 18 that he “is entitled to removal under [the federal officer removal statute] because he has met the threshold for removal, which is low[.]”
President Trump, Mr. Meadows, the three alternate electors, and 14 other co-defendants were indicted (pdf) by a state grand jury in Fulton County, Georgia, on Aug. 14 over the former chief executive’s challenge to the election in Georgia.
All the defendants in the case are accused of violating the Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act from Nov. 4, 2020, which is the day after the presidential election, to Sept. 15, 2022, for their allegedly illegal efforts to challenge the presidential election results in Georgia, a state that President Joe Biden ultimately won—albeit narrowly.
By Matthew Vadum and Jackson Elliott
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