Former president Trump’s legal team hinted that they may move the case to federal court after former chief-of-staff Mark Meadows files the motion in August.
Former President Trump has notified the judge that is overseeing his trial in his Georgia case that he may try to move his case to the federal court.
According to The Washington Times, former president Trump’s lawyers have hinted that they would move the case from the Superior Court to federal court after Meadows filed the motion in August. His lawyer Steven Sadow said in the filing on Thursday that former president Trump has notified the court that he may seek removal of his prosecution to federal court.
Former president Trump waived his right to an arraignment and entered a not guilty plea last August 31. There are potential benefits for Trump if he can get Judge Scott McAfee to agree to send his case to the federal court. The date of his trial could be delayed due to the movement of the case and the jury pool may be more sympathetic as they would not come exclusively from Fulton County.
There is a federal law that allows an “officer of the United States” who is prosecuted or sued in state court to move the case to federal court if they could show that the action was done within the scope of the governmental duties.
Former president Trump was accused of orchestrating a criminal conspiracy to undermine the 2020 election under the state’s Racketeer Influenced and Corrupt Organizations Act, in Georgia.
According to NBC News, former president Trump pleaded not guilty to 13 counts of allegedly trying to overturn Georgia’s election results and waived an arraignment in an August 31 court filing. That gives former president Trump until the end of September to make up his mind about how to proceed. Former president Trump has said that he believes all the criminal cases should be postponed until after the 2024 presidential election.
The 19 other co-defendant of former president Trump have already sought to have the case moved to federal court, where they could claim federal defenses to their charges and draw from a larger pool of jurors.
The case brought by Fulton County District Fani Willis is set to be heard in the Fulton County Superior Court, and jury pool will be drawn from the heavily Democratic county.