Posted on 08/26/2023 1:54:56 PM PDT by marktwain
A federal judge has ordered a second evidentiary hearing for removal of the Fulton County case against former President Donald Trump and 18 others over violating Georgia's Racketeer Influenced and Corrupt Organizations (RICO) Act in their challenge of the 2020 election results.
Fulton County District Attorney Fani Willis, who is prosecuting the case, claimed the actions constituted a "criminal racketeering enterprise" and gave the 19 defendants until noon on Aug. 25 to surrender or face arrest. All defendants surrendered before the deadline.
Jeffrey Clark, former Justice Department (DOJ) official, filed a notice of removal on Aug. 21, requesting that his case be moved from state to federal court, where he is expecting the charges to be dismissed. A request to expedite the process before the arrest deadline was denied by Judge Steve Jones of the U.S. District Court for the Northern District of Georgia, who will oversee the hearings related to removals.
The hearing will take place Monday, Sept. 18, and the district attorney's office has until Sept. 5 to file a response.
The indictment accuses Mr. Clark of violating the RICO Act as well as allegedly making a false statement when he issued a DOJ statement alerting Georgia officials to election fraud concerns. He is arguing that he acted as a federal official, and thus "asserts federal jurisdiction" in the case.
"The Court now must determine if it clearly lacks subject matter jurisdiction over Clark's removal action, which would require summary remand," Judge Jones wrote, adding that he is not commenting on the assertions at this time but expects to hear arguments from both sides at the Sept. 18 hearing.
Mark Meadows, former chief of staff to the president, was the first to do so on Aug. 15, a day after the indictment. An evidentiary hearing will take place Monday, Aug. 28.
Ahead of the hearing, Ms. Willis and Mr. Meadows's lawyers have filed responses that give a preview of their arguments. Mr. Willis is arguing that Mr. Meadows's actions were not the actions of a federal officer, but that in fact he neglected the duties of his federal office and participated in illegal political activity under the Hatch Act. Mr. Meadows's lawyers argued that the political or election-related nature of Mr. Meadows's actions don't disqualify them from being part of federal conduct.
"The only dispute the State asserts here is whether Mr. Meadows is entitled to immunity based on the nature of the conduct charged and the scope of his duties," they wrote, arguing that even if there is something disputable about Mr. Meadows's actions, they still do not fall under state court jurisdiction.
The district attorney's office has already subpoenaed four witnesses to testify in Monday's hearing. Georgia Secretary of State Brad Raffensperger, Chief Investigator for the Secretary of State's office Frances Watson, and attorneys Kurt Hilbert, and Alex Kaufman are expected to testify at the hearing.
Mr. Meadows was accused of arranging or taking meetings and phone calls involving the subpoenaed witnesses, and Ms. Willis is expected to ask them to recount the meetings and calls.
David Shafer, an alternate elector in the 2020 general election in Georgia and former chair of the Republican Party in Georgia, also filed a notice of removal. He argued that the alternate elector position was legitimized by an act of Congress, and therefore he can claim federal immunity as well. He also argued that, because he was working "at direction" of President Trump and the president's lawyers,' he would at minimum qualify for acting under color of a federal officer if not considered one himself.
On Aug. 24, Shawn Still, a Georgia state senator and also an alternate elector during the 2020 election, filed the latest notice of removal.
"The prosecution of Mr. Still is based on his attendance at a single meeting on December 14, 2020, in his capacity as a contingent United States presidential elector," where, his attorneys argued, he "was, or was acting under, an officer of the United States."
The notice claims Mr. Still, and Mr. Shafer, followed procedure and the advice of the president's attorneys in their actions to cast the alternate ballots. For this, Mr. Still was charged with eight counts, all tied to a Dec. 14, 2020 meeting where he cast his ballot.
Similar to previous notices of removal, his lawyers make additional arguments that the First, Fifth, and 14th Amendments should further protect Mr. Still from these charges.
"Mr. Still attended a meeting with other contingent electors and cast a ballot in accordance with the instructions from legal counsel," they wrote. "Such conduct clearly constitutes political expression, association, and expressive conduct protected by the First Amendment."
Rudy Giuliani, who served as an attorney to President Trump during the period on the indictment, has said he plans to file a notice of removal as well.
Many have speculated as to whether President Trump would do the same, given that a president can't pardon a state conviction, only a federal one.
"The Fulton County District Attorney, they're going to fight this [removal] tooth and nail, for the simple reason that they want to get as much publicity as possible, and they want to keep this local. But I do believe this is a federal case," criminal defense attorney David Gelman told NTD. "These RICO charges that are being brought against the president are RICO statutes even though the Fulton County DA did bring them in state court. This really is a federal case."
President Trump's attorney Steven Sadow, an Atlanta-based, veteran criminal defense lawyer known for representing high-profile clients and taking on high-profile cases, declined to comment.
"I will not be disclosing my defense strategy or tactics to the media in advance," he said.
No. Of course not. The real charges are he refused to bow down to the leftist tyranny.
threadreaderapp.com
Fulton County DA Fani Willis regularly questioned election results & used her office to push unfounded election conspiracies.
On the eve of Trump’s arrest in Georgia for “challenging” an election — a deep dive into the prosecutor’s history of doing the *same* thing:
A dive into Fani Willis’ social media proves that she is a hardened, radical activist — not an unbiased “attorney.”
Fani’s pages are littered with BLM propaganda and deep partisan adherence to left-wing ideology.
She openly worships Joe Biden and Kamala Harris.
Image
Fulton County DA Fani Willis has blatantly and quite illegally used her office for partisan political activity.
Imagine thinking you’ll get “Justice” from a person with a “PROUD DEMOCRAT” mug displayed prominently in their public office.
But it gets much, much worse…
As a public official, Fani Willis regularly and consistently questioned Georgia’s election procedures and pushed unfounded election conspiracy theories on her public social media profile.
Fani is indicting Trump for the *exact* same thing.
Here is a list of examples:
In the days following the 2018 midterms, Fani Willis expressed concerns about the election not being properly run by implying all votes weren’t counted:
In a Facebook post she wrote: “You all better start paying attention to what is really going on…”
Image
Hours after the last ballots in the 2018 midterms were cast, Fani Willis openly boasts about the power Georgia’s Secretary of State has to “control elections”
“Secretary of State will definitely be on the ballot. That person controls elections. I wonder if we yet realize that is an important role? SMDH!”
Two days following the 2020 election she is now criminally indicting Trump for questioning, Fani Willis directly calls the election a “mess”
This meme was posted on her Facebook— seemingly agreeing with Trump on the poor election procedures in 2020
Will she indict herself now?
In a subsequent Facebook post, Fani Willis agrees with a racially-motivated commenter that “only white folk” are voting in the election by expressing skepticism in voting data by replying:
“There at like 116 percent. I am so annoyed. Where are we?”
Willis then goes on to brag about the ability to install “an administration that more closely mirrors our values”
In another Facebook post sent mere hours after polls in the 2020 election had closed, Fani Willis openly suggests Fulton County officials are “throwing out” ballots following mysterious “water leaks” and directly calls on third-parties to intervene in ballot counting processes throughout the entire state of Georgia:
“Georgia could determine who is our next president. A TEAM of lawyers needs to watch them count every single VOTE… What ballots are they throwing out?”
If trump can be prosecuted for this social media post— why not Fani?
IMPORTANT NOTE: At the time of these posts Fani Willis was either running for or serving in elected political office.
Fani questioned elections for her own political gain as a hardened Democrat activist.
Now she is trying to imprison the GOP frontrunner for doing the same.
bttt
This case is important to the future of America. It needs to be taken out of the hands of a couple of man-hating bimbos Big Fani and Judge Tanya. Both are arsehos competing to see which ditz can put Trump and everyone who knows him in prison. FJB.
GOOD!
At least good lawyers and jurists are fighting against the high-handed Fani Willis cabal!!
Meanwhile Marine Harrison Floyd is rotting in the Fulton County jail.
https://thehill.com/regulation/court-battles/4172605-trump-co-defendant-denied-bond-held-in-jail/
Free him!!!!
Black judge, appointed by Obama. He will deny the motion, and there will have to be an appeal above him. Nothing else on the case matters, not the fax, nothing else.
p
Dragging things out benefit Trump. Fanny wants it done quickly.
Black judge, appointed by Obama.”
all stop. over.
“I will not be disclosing my defense strategy or tactics to the media in advance,” he said.”
Nice to see someone with brains supporting Trump. Hope that continues.
Groan...........
Fani's frivolous suit comes in two broad parts perhaps as both a civil matter as well as the criminal side,
1) Trump's past Constitutional actions and
2) Trump's position as the favored political candidate for the nation's 's highest office.
One might easily imagine Trump could clean her clock with this action (as well as the legal experts who helped her in this regard).
(Frivolous as in filed with the intent to harass, annoy, or disturb the opposite party and subject to loss of license to practice law.)
Slave Fani is just doing her masters bidding.
She is an official prosecutor. The Supreme Court, in 1976, gave her near total immunity, created out of thin air.
Arseho’s! Love it!
I’m so confused. Is this case going to federal court? If it does is that a good thing? If that one guy has federal immunity why doesn’t Trump?
You are correct about that and perhaps it is time for our current, hopefully more enlightened SC to review that 1976 holding.
Thanks for the link, I will quote from it:
...experience shows that this immunity enables prosecutors to disregard constitutional rights in order to pursue convictions.
That is a pretty good argument right there for tossing the doctrine.
1976 decision Imbler v. Pachtman, the Supreme Court created this immunity to serve the “public trust” and ensure “the proper functioning of the criminal justice system".
The Trump et al case ought to be significant enough to gain the attention of our current SC. The prosecutorial behavior in this instance - mass prosecution of a crime where there is no crime - dramatically does quite the opposite of serving that trust or demonstrating proper functioning.
“Necessity” is the operating excuse of every tyrant.
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