Donald Trump speaks as White House Chief of Staff Mark Meadows (R) listens from the South Lawn of the White House July 29, 2020 (Alex Wong/Getty Images).
Mark Meadows, the former chief of staff for then-President Donald Trump, filed a notice of removal on Tuesday in response to his grand jury indictment in Georgia on two counts, arguing that the Fulton County DA’s case against him should ultimately be dismissed.
The 14-page notice asserted that the none of Meadows’ alleged conduct “is criminal per se” and, in any event, said actions occurred “under color of his role as Chief of Staff to the President of the United States.” Meadows cited a federal statute which states that a “criminal prosecution that is commenced in a State court and that is against or directed to” any officer of the U.S. “may be removed by them to the district court of the United States.”
The case
According to the Georgia racketeering (RICO) indictment against Trump and 18 others, including his “elite strike force” lawyers and Meadows, the former chief of staff is charged with solicitation of a public officer, namely Georgia Secretary of State Brad Raffensperger (R), to violate his oath.
Here’s what count 28 of the indictment says:
And the Grand Jurors aforesaid, in the name and behalf of the citizens of Georgia, do charge and accuse DONALD JOHN TRUMP and MARK RANDALL MEADOWS with the offense of SOLICITATION OF VIOLATION OF OATH BY PUBLIC OFFICER, O.C.G.A. §§ 16-4-7 & 16-10-1, for the said accused, individually and as persons concerned in the commission of a crime, and together with unindicted co-conspirators, in the County of Fulton and State of Georgia, on or about the 2nd day of January 2021, unlawfully solicited, requested, and importuned Georgia Secretary of State Brad Raffensperger, a public officer, to engage in conduct constituting the felony offense of Violation of Oath by Public Officer, O.C.G.A. § l6-10-1, by unlawfully altering, unlawfully adjusting, and otherwise unlawfully influencing the certified returns for presidential electors for the November 3, 2020, presidential election in Georgia, in willful and intentional violation of the terms of the oath of said person as prescribed by law, with intent that said person engage in said conduct, contrary to the laws of said State, the good order, peace and dignity thereof;
Like all other defendants, Meadows is accused of violating Georgia RICO law by being part of a criminal enterprise which “refused to accept that Trump lost, and […] knowingly and willfully joined a conspiracy to unlawfully change the outcome of the election in favor of Trump.”
Meadows’ defense
Meadows’ lawyers with McGuireWoods, a high-powered law firm which has represented Jan. 6 witnesses, including RNC clientele, want the U.S. District Court for the Northern District of Georgia to “promptly dismiss the charges against Mr. Meadows, or at a minimum, accept removal so as to stay the state-court proceedings.”
The lawyers argued Meadows “has the right to remove this matter” because the “conduct giving rise to the charges in the indictment all occurred during his tenure and as part of his service as Chief of Staff.”
Taking things a step further, the attorneys said the indictment only showed Meadows performing normal tasks for a chief of staff, such as: “Arranging Oval Office meetings, contacting state officials on the President’s behalf, visiting a state government building, and setting up a phone call for the President.”
“This is precisely the kind of state interference in a federal official’s duties that the Supremacy Clause of the U.S. Constitution prohibits, and that the removal statute shields against,” the filing said, previewing Meadows motion to dismiss the indictment.
Citing 28 U.S.C. § 1455(b)(5), a statute outlining the procedure for removal of criminal prosecutions, Meadows’ lawyers said the court should jettison the case in the interest of “justice.”
“Here, justice requires the prompt dismissal of the charges against Mr. Meadows. At a minimum, in the meantime, federal law requires granting removal, which will halt the state-court proceedings against Mr. Meadows, see 28 U.S.C. § 1455(b)(5), while the motion to dismiss is resolved,” the filing said.
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In support of the claim that the indictment should be tossed, the lawyers argued that the overt acts mentioning Meadows’ conduct only showed him engaging in typical chief of staff activities:
As is apparent on the face of the indictment, as part of his official duties as Chief of Staff, Mr. Meadows arranged meetings for the President at the White House and communicated with state lawmakers and officials. Mr. Meadows went to a site in Fulton County where the Chief Investigator was conducting an audit of the results of the 2020 Presidential election because—and only because—he was serving as Chief of Staff. He wanted to report back to the President on how the audit was proceeding and told him the following day that the Georgia officials were conducting their work in exemplary fashion. Shortly thereafter, Mr. Meadows, in his role as Chief of Staff, arranged a phone call between the President and Georgia officials, including the Secretary of State and the Chief Investigator. These and the other acts that form the basis for the charges against Mr. Meadows all fall squarely within his conduct as Chief of Staff.
One of the alleged overt acts was a text that Meadows allegedly sent to Georgia Secretary of State Chief Investigator Frances Watson on Dec. 27, 2020.
“Is there a way to speed up Fulton county signature verification in order to have results before Jan 6 if the trump campaign assist financially,” the text said, linking Meadows’ query to Trump’s efforts to overturn the election, rather than ordinary government business.
With news Mark Meadows filed motion to remove his Georgia case to be tried in federal court (@KFaulders reporting
Difficult to see how his defense lawyers can argue he was acting under ‘color of his federal office’ (which he needs) with acts like this.👇 pic.twitter.com/0rc7GFUlvg
— Ryan Goodman (@rgoodlaw) August 15, 2023
What would happen if the case is removed to federal court but not dismissed?
Anna Bower, who has been covering the case from its inception for Lawfare, discussed on MSNBC what a removal from state court to federal court would look like for Fulton County DA Fani Willis (D) and her prosecutors moving forward.
What would happen if Mark Meadows moved the Georgia case to federal court?
“It doesn’t mean that the charges are any different or that the prosecutorial team is any different,” says @AnnaBower, “Trump or any other future president will still not be able to pardon [Meadows.]” pic.twitter.com/dIZisA1iZU
— All In with Chris Hayes (@allinwithchris) August 16, 2023
“It’s still is Georgia state law charges. Fani Willis and her team will still prosecute the case. The only difference is that they will prosecute the case a few blocks down the road,” Bower said of the bottom line. “Federal procedural rules will largely apply and a federal judge will preside over the case,” which would be heard by a federal jury pool.
“It doesn’t mean that the charges are any different or that the prosecutorial team is any different. It won’t be federal prosecutors, it will still be state prosecutors,” Bower said, adding that state offenses removed to federal court would not by pardonable by a future president, whoever that may be.
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