Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

To: Lurking Libertarian
Taking a closer look, I read that it 'may be removed' to a federal court. It doesn't matter to me what court, state or federal. As it says per your link to the fed. law that the criminal court case could begin in state court. I don't have much doubt that Obama would like the venue moved in his favor in a case against him or one his lieutenants. A judge that Obama appointed to the federal bench.

"28 U.S.C. § 1442 : US Code - Section 1442: Federal officers or agencies sued or prosecuted

"(a) A civil action or criminal prosecution that is commenced in a State court and that is against or directed to any of the following may be removed by them to the district court of the United States for the district and division embracing the place wherein it is pending:..."

291 posted on 03/07/2014 3:31:32 PM PST by Red Steel
[ Post Reply | Private Reply | To 290 | View Replies ]


To: Red Steel

Yes, it can be brought in state court (in fact, it would have to be, because state prosecutors can’t file criminal charges in federal courts), but the defendants would remove to federal court.


292 posted on 03/07/2014 3:36:05 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
[ Post Reply | Private Reply | To 291 | View Replies ]

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson