Posted on 08/17/2023 9:12:54 AM PDT by Red Badger
Alina Habba, attorney for former President Donald Trump and general counsel for the Save America PAC, says the Georgia charges belong in federal court.
She told Newsmax on Wednesday morning that this was all "by design," and that Fulton County District Attorney Fani Willis "did it on purpose so that if he is president, he can't pardon himself if he's convicted. ... We will probably be asking for a removal to another venue and to move it to federal court."
Unlike the president's three former indictments, this fourth indictment was handed up in a state court.
Ms. Habba had made a Tuesday appearance on the show as well, saying the case did not belong in a state court in the first place.
"It should be moved to a federal court. Election claims and claims of somebody who was a president at the time should be viewed by a federal court. There's presidential immunities at play here and this has no business being in a state court," she said.
Mark Meadows, former chief of staff to President Trump, was the first of the 19 defendants to file a motion to remove the case to federal court. Others are expected to do the same.
Lindsey Halligan, attorney to President Trump, was on Newsmax on Tuesday to say that President Trump's legal team is indeed planning to file a motion to remove the case to federal court.
"This case should be removed, this indictment is exactly the type of state interference in a federal official's duty that the supremacy clause in the United States Constitution prohibits," she said, without specifying when they would do so.
On Monday, President Trump and 18 others were charged under the RICO statute with 161 acts of racketeering (pdf) that included, for many, carrying out their official duties as aides or attorneys to the president.
"If the case is removed to federal court there will not be cameras in the courtroom. Ms. Willis seems to want this case to be televised. I'm sure she's very proud of herself, but let's remember how easy it is to indict someone. This indictment does not mean a conviction. It's not a crime to contest an election," Ms. Halligan added, accusing the prosecutor of exercising "artistic license" in her application of the law.
"Legislative intent when drafting laws matters, and none of the laws President Trump is charged with in these four indictments were drafted with the intent to charge the offenses he is being charged with," she said.
Ms. Halligan and Ms. Habba both suggested the conspiracy strategy may backfire, as the prosecutors in the four cases against President Trump should remain independent and not be in touch with each other, but they are concerned this may not be the case.
"These prosecutors are going to keep going too far until they make a big mistake that exposes their motives. These judges want to take away President Trump's right to attorney client privilege," Ms. Halligan said. "Well the pendulum will swing back to the prosecutors' conversations with each other that they think are privileged will be exposed for everyone to see how politically motivated these indictments really are."
DA Proposes March 4 Trial
The attorneys for President Trump also dismissed the believability of going to trial in six months, which Ms. Willis had promised after the indictment.
"Theres no way this case will be tried in 6 months," said Ms. Halligan on Tuesday. She added that it was a "laughable" timeline to anyone who practices law, especially given that another RICO case brought by Ms. Willis began jury selection in January and has yet to finalize selection. "Within six months, during election time, what a coincidence."
On Wednesday, Ms. Willis asked for a March 4, 2024, trial date in a court filing. It meets the six month deadline, and happens to fall one day before Super Tuesday, when about a dozen states will hold their primaries.
Ms. Willis also said she plans to try all 19 defendants together. But the proposed trial timeline only gives 10 days for discovery.
In Ms. Habba's Tuesday interview, she explained that six months was tight for discovery.
"I think everybody has to understand that when you bring something of this magnitude, when you bring these many defendants, you're now going to have 19 different counsel, you're going to have 19 different requests for discovery, 19 different people you're going to have to fight motions against ... it's not easy," she said. "It's unrealistic."
President Trump has said he will reveal an "irrefutable" and "conclusive" report that can allegedly prove that election fraud happened in Georgia in 2020. He made the announcement of an 11 a.m. Aug. 21 news conference in Bedminster, New Jersey, where he owns a golf course.
He has repeatedly rebuked his prosecutors for interfering with his campaign and bringing belated charges while ignoring claims of 2020 election interference.
“Based on the results of this conclusive report, all charges should be dropped against me and others—There will be a complete exoneration!” President Trump wrote on Truth Social. “They never went after those that rigged the election. They only went after those that fought to find the riggers!”
Of course they avoided federal courts, where the case would quikly be thrown out.
The whole reason for the case is not winning at trial, but simply being done to make the grandiose sounding allegeations and to use the media, including TV cameras to win “conviction” in “public opinion” alone and to do so during the 2024 election season. That is all the “win” the Fulton County DA is really seeking. Then she’ll run for Georgia State Attorney General next election cycle.
Won’t surprise me the Georgia case will be tried on a small island some place.
It’s the only place the can make their law work.
Why bother with these legal niceties when everyone knows there is a foreordained outcome. Twelve Trump-hating jurors will be selected and will find Trump and his associates guilty.
It has gotten to the point where a decent God fearing citizen has no choice but to be ashamed of what this government has become...
None of this will matter on Monday when President Trump presents the Detailed Irrefutable Report Proof at 11AM EST. I believe that may be the Beginning of the End.
Can they not see the awful seeds they’re planting?
No. They are perfectly happy to Destroy America if it means they Destroy Trump.
The Judiciary is losing their credibility and trashing the entire legal system. But, they will be shocked when they start seeing Defund the Judiciary signs right next to Defund the FBI signs.
We defeated Nazi Germany in WWII, then promptly became them................
bttt
Trying to convict what a sitting President did in ONE state— is clearly not VIABLE. The case should be escalated quickly to SCOTUS which would HAVE to rule this way. State RICO statutes....? Really? What idiocy— the “group” of violators have all disbanded. What the actual heck?
And all the rest— is First Amendment acts which are NOT illegal or a crime in any State. Period.
DOJ looks like Sondergerichte to me.
If a state court can bring charges on a President, where are the state AGs indicting Biden for fentanyl murders? Illegal immigrant crimes. Biden is conspiring with Mayorkis and others knowing Americans are dying. Where are the charges? Texas? Florida?
Find a crime first. Then make it fit. Exactly as Dems did.
Heard Newt Gingrich say today that he had a source in DC who told him that someone in Washington DC called Fani Willis the night before the indictment and told her she had to indict the next day. She said she wasn’t ready and the Grand Jury hadn’t finished. The DC person told her it dint matter, she had to indict the next day and not at night when she was expected to finish—in the morning. That is why the indictment was leaked by the clerk. The DC person told Fani had to indict the next day because all the information bout Special Council Weiss would be coming out and they had distract from it.
Not shocked, but still, WOW. It’s all a game to them to cover up their own misdeeds. I couldn’t hate these people more.
It’s a total farce with an idiot DA whose clerk didn’t know the difference between Send and Save. A legitimate judge would throw this out and reconvene a grand jury. The corruption is staggering.
Amazing. Disgusting. This is everything that is wrong with the Demons.
“None of this will matter on Monday when President Trump presents the Detailed Irrefutable Report Proof”
The conference has been canceled by his lawyers. Details elsewhere on FR.
Where Is Sherman when you need him?
One of the federal cases is based on almost identical charges, per Judge Judy. It is therefore illegal to also bring it in state court. But tell that to the state judge. It’ll take a writ of certiorari to either a federal district court of SCOTUS to get it thrown out. Banana republic indeed.
Well, I guess I don’t need to pop this corn. Too bad. I was anticipating the next edition to the DIRP file... There are MILLIONS of entries to date. Well done, sir! lol
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