August 21, 2023
"Former Trump chief of staff Mark Meadows has asked a federal court to order all charges against him brought by Fulton County, Georgia, prosecutors last week to be dismissed..."
"... since he says the charges relate to his then-role in the federal government.
In a weekend filing, Meadows argues he should have immunity from the state’s 2020 election interference criminal case because he was carrying out his duties as a federal official working for then-President Donald Trump.... In the Trump White House, 'Mr. Meadows served a critically important advice-and-assist function that has been firmly entrenched in federal law for nearly 100 years,' his attorneys wrote to a judge Saturday about the Georgia charges. 'The conduct charged here falls squarely within the scope of Mr. Meadows’s duties as Chief of Staff and the federal policy underlying that role.'"
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57 comments:
I can’t see how this case goes forward without altering the executive dynamics of the office of president for ever.
I get that if I come here I’m going to have to endure the daily play by play of this perversion of our justice system and the abandonment of rule of law. I get it will be dutifully repeated here without commentary unless it is some procedural violation or spoken correctable mistruth or other by Team Trump, in which case she’ll be all over it with a snappy correction. I get it.
I get it…
Why didn't the state of South Carolina ignore secession, and simply indict Lincoln's cabinet in 1861? It would certainly have saved quite a bit of bother.
"Meadowzzzz"?
Second time today to recommend Truss' "Eats Shoots and Leaves".
Anyway, the more sand in the prosecutors' gears the better. Then they will need, or have to put up with, more witnesses, which means more deals or threats. Lot of work there.
Predictable if you read the indictment and thought through the ramifications of it. If you just read the indictment and believed it, this news might come as a surprise.
Meadows was not indicted or named in the Smith case. Which may imply he received an immunity deal.
In his motion, Meadows’s attorneys cite a federal law known as the “removal statute,” which generally allows “any officer … of the United States” who is facing criminal prosecution in state court to move those proceedings to federal court if the case relates to actions that were part of the individual’s duties as a federal official.
I'm sure we're all dying to see the part of his job application that describes sedition and election fraud as among his federal duties.
That's one line of attack. Even at the state level, there's the McCarthy indictment of the indictment: a "conspiracy" to commit what "crime"?
Meadows wanted to see how they where conducting signature verification.
How dare he! Felony!
(all while the Crook Biden Black-rock FBI mob family get away with millions in international shakedown bribes for personal Biden family profits... and Biden Inc. enrichment schemes.)
I wonder who the White House official was who called this DA and told her to get that Indictment out before the Hunter Biden fuckup made more headlines? She ob liged and we had an 11 PM press conference.
“…job application that describes sedition and election fraud as among his federal duties.“
An indictment does not an incontrovertible fact makes. No matter how much the news media says it does.
You think claiming “Russia collusion” for years would have made some people more hesitant to jump on the latest anti Trump bandwagon.
“I'm sure we're all dying to see the part of his job application that describes sedition and election fraud as among his federal duties.”
You may have notice that Meadows was not charged with sedition and election fraud by the Georgia AG
Stripped of his own gloss, Meadows has to clear two hurdles. First, he has to show he was working within the scope of his federal government employment and not as a volunteer for the Trump campaign. Second, he has to show his actions were necessary and proper to fulfilling his federal duties.
"I'm sure we're all dying to see the part of his job application that describes sedition and election fraud as among his federal duties."
There's a reason the statute exists. The states might try to frame all sorts of actions by federal officials as crimes under state law. Think about the history of state governmental hostility to federal governmental actions. If you can. Back up and see the larger picture. Your Trump blinders are turning you into a fool.
@Althouse — I expect they will work it out.
Looking for some constancy of character in a man without character like Mark Meadows is tilting at windmills. The man was registered to vote in three different places. He can't even decide where he lives.
I'm sure we're all dying to see the part of his job application that describes sedition and election fraud as among his federal duties.
1. Meadows was Chief of Staff to the President of the United States.
2. An election was held in the United States.
3. Allegations of fraud in that election were levied.
4. Investigating that fraud has a federal component (equal protection clause).
5. The President of the United States has a duty to ensure that fraud is investigated.
6. One method for that is a phone call to the powers of that state that conducted that election to ensure that allegations of fraud are investigated. Such a call being set up by his Chief of Staff.
Seems pretty easy to me to connect the dots where it's in his federal duties to arrange a phone call.
Reasons I don't feel any need to rush to trial in any of Trump's criminal cases:
1. I want convictions to stick, with no legitimate appeal. So I don't want defendant Trump unduly rushed into trial.
2. I like the allegations themselves, speaking for themselves right now. Trump can try to defend himself, pretrial. Like, with a splashy press conference to release a report that totally shows that the 2020 election was stolen. Completely rigged. Explicit, exacting proof. Yeah. Go for that.
3. Setting aside "reports" and press conferences, I do think that the pending charges, unresolved by any trials, is a situation that Trump will manage to make worse for himself. For himself and for everybody else. Saying stupid things. Sucking the air out of every Republican room. Generally turning all attention on to his own sordid existence. We've got more than a year of that ahead of us.
4. I like having a 2024 campaign where the main substantive issue is whether the 2020 election was stolen. I like having that fight, on substance and detail, 24 hours a day, 7 days a week, 365 days a year.
5. I suppose that it is a metaphysical possibility that Trump might be acquitted in a criminal trial. I'm more than confident that it won't happen, but if I have to admit the mere possibility, then I'd say that I see no need to rush a trial a long as Trump is okay with the delay. (Trump will no doubt cause the delay.)
6. I really, really, really like the furtherance of the conspiracy theory that it is Democrats -- Democrats and the GOP Establishment -- who are conspiring to make Trump the GOP nominee. That Dems and the GOPe are executing a fiendishly clever ploy to indict Trump so that energized Trump fans make Trump the GOP nominee. Because, uh, the Trump fans just had to. Because the Deep State made them do it. I cannot get too much of that shit.
“Your Trump blinders are turning you into a fool.”
Turning into?
Already turned. In fact “‘round the bend” would be more accurate.
- Rafe
Althouse (to "Rich"): "Your Trump blinders are turning you into a fool."
Consider the possibility Rich began as a fool and his/her/xer's Soviet style authoritarian desires mixed with Trump derangement is simply an opportunity to refine and polish the already existing foolery.
First, he has to show he was working within the scope of his federal government employment and not as a volunteer for the Trump campaign. Second, he has to show his actions were necessary and proper to fulfilling his federal duties.
==========
is that like demanding defense 'prove your innocence'
There's a reason the statute exists. The states might try to frame all sorts of actions by federal officials as crimes under state law.
=========
but without statute are you saying this is not dispute between state and federal and therefore the forum is automatically federal?
Ann Althouse said...
"I'm sure we're all dying to see the part of his job application that describes sedition and election fraud as among his federal duties."
There's a reason the statute exists. The states might try to frame all sorts of actions by federal officials as crimes under state law. Think about the history of state governmental hostility to federal governmental actions. If you can. Back up and see the larger picture. Your Trump blinders are turning you into a fool.
[Emphasis added by me.]
Just for the sake of clarity, there are two pending Meadows motions.
The first, filed last week, was for removal of the Fulton County case to federal court. That one is based on statute. 28 U.S. Code § 1442 - Federal officers or agencies sued or prosecuted.
The second Meadows motion -- this blog post's subject -- is based on several woven theories of executive privilege. Headed by Meadows' lawyers as "Supremacy Clause Immunity." It is not based on statute law, Althouse. It is a nearly-pure Constitutional claim. Article IV and the Fourteenth Amendment. So that part of your comment is not clear to me.
I do think that the first motion -- removal -- is interesting and a close call. It is certainly a legitimate motion, and not frivolous. But it only changes the venue for the trial. It doesn't avoid any of the charges against Meadows. He would be tried under Georgia law in a U.S. District Court.
The second motion -- seeking dismissal -- seems like a howler of a longshot. Since January 6 has been litigated, going back to 2021, Trump and his Administration figures have lost dozens of claims of executive privilege. I expect this will be another Trumpian loser.
I wonder if Mark Meadows wasn’t given immunity before his testimony in the documents case and felt he was free of legal jeopardy until this Georgia case. So now he’s scrambling trying to get the charges against him dropped. In the documents case Meadows testified that Trump didn’t declassify any of the MAL documents and there was no standing order to declassify. Pence on Sunday also said he was unaware of a Trump declassification order.
Your Trump blinders are turning you into a fool.
Past tense “has turned” is more appropriate and the more the ridiculous charges are discussed the more foolish the haters sound.
"Your Trump blinders are turning you into a fool."
Trump getting blamed again for something he didn't cause.
Heck of a country the Dems want to live in. Lawyers and others driven into BK and live's ruined because they gave legal opinions or had political opinions contrary to the Dems.
And don't give me that business about an insurrection or overturning an election.
The thing of it is, if the GOP gets back into power they won't ruin the lives of the Bidens or their lawyers or anyone else. No one will go to jail. No one will be prosecuted.
But as long as the Dems control the *counting* of ballots, the Dems will stay in power.
"I'm sure we're all dying to see the part of his job application that describes sedition and election fraud as among his federal duties."
He has yet to be convicted of either. Well, accept by Team Blue of course.
GO TEAMS!!!!1!!!111!!!
"in a man without character like Mark Meadows
So you've met the guy? If so, where and when?
"Consider the possibility Rich began as a fool and his/her/xer's Soviet style authoritarian desires mixed with Trump derangement is simply an opportunity to refine and polish the already existing foolery."
Maybe we should nickname him Tom.
Just a bit off topic. Trump’s team is preparing proofs running to thousands of pages of his assertions of interference. Does the Georgia prosecutor have to read them all (designed to delay trial) or can they conclude by a quick sample that they are just garbage? Based on the quality of the submissions of his legal team(s) to date, should not take long to dismiss as garbage, which can be done in parallel with Trump’s team spending time attempting to find loopholes in the prosecution evidence?
Assuming that some of you believe that the election was stolen let us address that.
I will ask you some simple questions.
• How big a conspiracy would be required to affect the outcome of the election in 5 swing states?
• How could this be achieved without the vote counts being completely out of tune with the rest of the country - or were all the states targeted?
• Who would have the ability to organize such a massive conspiracy — in 5 or 50 states?
• Given that Trump's much simpler conspiracy soon started to unravel —how was this massive conspiracy kept secret?
Put simply anyone who asks themselves those questions — with even the remotest level of objectivity — can only reach the conclusion that no evidence has been found because there was no conspiracy to steal the election.
In the documents case Meadows testified that Trump didn’t declassify any of the MAL documents and there was no standing order to declassify.
I forgot the clause of the constitution which required the President to ask his Chief of Staff "Mother may I?" before declassifying a document.
Blogger Inga said...
I wonder if Mark Meadows wasn’t given immunity before his testimony in the documents case and felt he was free of legal jeopardy until this Georgia case
Thank god for the dullard's legal opinions. Without them we would not know how stupid Democrats are.
Richard,
If you are going to cite Lynne Truss's Eats, Shoots and Leaves, you might at least leave the comma in. That's the entire point.
When UberLiberal and BidenBuddy Rich posts his skewed and ridiculous take on these Trump-related acts of the Dems interfering in an election, I just lean back, give a SensibleChuckle™, and think, "That's rich."
You would think that some foolish men and women would come on to this Blog's comment section and spew forth garbage (as most of Liberal thinking and goals are today), while being defenseless against the criticism and mocking by others who possess, unlike Rich, IQs above 80 -- armed with facts and the law.
Pity. I'm sure the patrons at Goodwill Industries are use to dealing with such low-information people.
MarcusB. THEOLDMAN
That’s the thing about grifting — it’s a team effort until there are consequences to be suffered. Then everyone is on their own, ignored by former compatriots who are putting as much distance between them and the resulting damage as possible.
Trump will likely do the same. He was a federal employee at the time of the phone call that set this ridiculous scam off.
In the documents case Meadows testified that Trump didn’t declassify any of the MAL documents and there was no standing order to declassify.
Meadows made no such claim. His statement was exactly like Pence's. 'Not aware of'
Still has no bearing on the plenary power of the President to declassify any document he desires, by any means he desires.
The key being, no person has the constitutional power to challenge what ever the President claims.
Don't waste time disagreeing with me. Name the person that can challenge the claim.
Chuck said
1. I want convictions to stick, with no legitimate appeal. So I don't want defendant Trump unduly rushed into trial.
Sounds like you will be happy if he is executed for the deprivation of rights charge.
How do the feds execute civilians these day? Anyone know?
I think it should be somewhat spectacular like hanging.
Stream it live on Rumble and TWX it on X. If they're not too squeamish, CNN and the rest of the alphabet news could run it too.
If we are going to execute a president emeritus it HAS to be done publicly.
John Henry
Assuming that some of you believe that the election was stolen let us address that.
Rich is a perfect example of that idiot that is so uniformed, they cant even ask a decent question.
Rich. Fulton county has 10's of thousands of votes with zero chain of custody documentation.
Conspiracy? Makes no difference. The votes should never have been counted.
Thats just one fact, that no one disputes...there are dozen of these facts providing evidence the election was not conducted according to the controlling law. The election was impossible to certify.
Bearing in mind that this is a STATE court prosecution, the claim by Meadows (a witness) that he was acting in accordance with his duties as a FEDERAL official seems plausible. I assume that Meadows couldn't be prosecuted in Georgia for what he's alleged to have done in his federal capacity. I don't know if the same defense would be available to Trump, the highest federal official in the land. Wouldn't it be worth a try?
Bearing in mind that this is a STATE court prosecution, the claim by Meadows (a witness) that he was acting in accordance with his duties as a FEDERAL official seems plausible. I assume that Meadows couldn't be prosecuted in Georgia for what he's alleged to have done in his federal capacity. I don't know if the same defense would be available to Trump, the highest federal official in the land. Wouldn't it be worth a try?
"The man was registered to vote in three different places. He can't even decide where he lives."
No shit, really?
How could such a thing happen, in a country where there is no election fraud and the election system is perfect?
Or is Mark Meadows the only person in the entire country to be registered in multiple places?
Hey; here's another thing that is weird, but hasn't been mentioned yet in 35+ comments.
Meadows has filed a motion (in the U.S. District Court for Northern Georgia) to remove his case from the Superior Court for Fulton County Georgia. Fulton County is where his case is pending.
But the Meadows motion to dismiss the case has been filed where he filed his removal motion. The case isn't even formally pending in the U.S. District Court yet. But that is where the motion to dismiss is sitting.
Funny stuff.
Althouse at 12:02.
I could imagine one in Little Rock when Ike sent in the 101st Airborne. Yes. Such a state action to me would be very stupid, but I can imagine it.
Blogger Rich said...
That’s the thing about grifting — it’s a team effort until there are consequences to be suffered. Then everyone is on their own, ignored by former compatriots who are putting as much distance between them and the resulting damage as possible.
Not if the head of the grifting clan is president. We see the Biden Crime Family pulling out all the stops (like indictments) to divert attention and set up sweetheart plea deals for the bagman. The Clintons were smarter than Biden.
Althouse
"Your Trump blinders are turning you into a fool."
This was uncalled for.
Mutaman.
"That was uncalled for"
Grow a pair and up your game.
Rich offers some good question at 2:16. Questions that benefit the Trump defense.
I'd be screaming for a speedy trial at this point. Get it over with. Willis' most disgraceful action to date is trying to schedule this for the oprimaries.
I don't think GA has strong speedy trial rules. It's a problem but a media plus to push for it.
Meadows isn't unusual in having multiple residences. The nature of his political job means he's constantly changing locations. I'm not sure this has been adequately described.
And it's also entirely reasonable for him to request a change of venue. That also highlights the weakness of Willis' charges, win or lose.
@ Mike K
Imaginary enemies are always the most powerful. In a personality cult, the leader is always, simultaneously, a savior of his people and a victim of a vast and shadowy conspiracy.
Mark Meadows is charged with just the RICO conspiracy count and then one criminal account. It is an engraved invitation to flip. Just some simple eyewitness testimony linking the principal to the threads of conspiracy. He's also not a lawyer and probably one of the goals of both prosecutions is to make examples of lawyers who try to overthrow the Constitution. He can trade and walk; the lawyers probably can't.
The prosecutors in both Washington DC and Atlanta are building situations of extreme leverage over both indicted and unindicted co-conspirators. Lack of financial resources will be an issue for almost all of them.
Almost all the defendants lack the resources to mount a sustained defense parallel to Trump's expensive defense. Apparently the glitter in Giuliani's checking account is down to fools gold. The lawyers playing the various Trump games were opportunistically looking to cash in on being part of the Trump political parade. Instead, most of them are looking at financial and professional ruin and probable disbarment. Maybe some of them believed; what else could explain such execrable judgment?
Tina Trent said...
Rich offers some good question at 2:16. Questions that benefit the Trump defense.
I'd be screaming for a speedy trial at this point. Get it over with. Willis' most disgraceful action to date is trying to schedule this for the oprimaries.
I don't think GA has strong speedy trial rules. It's a problem but a media plus to push for it.
Meadows isn't unusual in having multiple residences. The nature of his political job means he's constantly changing locations. I'm not sure this has been adequately described.
And it's also entirely reasonable for him to request a change of venue. That also highlights the weakness of Willis' charges, win or lose.
Tina are you a lawyer? Any legal training? My guess is no, so I'll frame my answers to you in lay terminology. In no particular order:
Mark Meadows' official voter-registration "home" in North Carolina was a trailer that he never lived in, and to neighbors' observation, never even visited. It was a sham residential listing. No one is suggesting that Meadows voted in more than one location. We are absolutely asserting that Meadows registered and voted in a place where he did not reside. And that he is the luckiest guy in North Carolina, that he wasn't charged with an election fraud crime. Meadows' "political job" seems to have had nothing to do with it. He wasn't living in North Carolina, and was no longer representing North Carolina in Congress, and now he lives in South Carolina. There's no good excuse for Meadows' phony voter registration.
In the Fulton County prosecution, Meadows isn't exactly asking for a change of venue. He is asking for "removal," to federal court. They are similar, but distinct, legal concepts. A change of venue would involve moving the case from the Superior Court for Fulton County to another Georgia Superior Court in a different County. Done under Georgia law. Removal is governed by federal statute law and to a minor degree by the Federal Rules of Criminal Procedure.
Regarding "speedy trial" rights in Georgia, criminal defendants have both a Constitutional and a Georgia state statutory procedural right to a speedy trial (O.C.G.A. § 17-7-170). It is a right secured to defendants, not the prosecution. I have already gone on the record in other comments pages to say that I do not want Trump to be unfairly rushed into a trial. Since my hope is that in the end he will be convicted and that the conviction will be sustained upon any appeal.
Rusty said...
" Mutaman.
"That was uncalled for"
Grow a pair and up your game."
Rusty- Mr internet tough guy.
Blogger Rich! said...
Almost all the defendants lack the resources to mount a sustained defense parallel to Trump's expensive defense. Apparently the glitter in Giuliani's checking account is down to fools gold. The lawyers playing the various Trump games were opportunistically looking to cash in on being part of the Trump political parade. Instead, most of them are looking at financial and professional ruin and probable disbarment. Maybe some of them believed; what else could explain such execrable judgment?
--
That's the beauty of unlimited pocketed guvmint persecution and chilling effect via sword of damacles over licensure. But yeah, why subject oneself to that unless you believe your case is just.
There's also Chuck! Schummer's sleazy admonition re antagonizing IC.
It's a great system we have.
You're cool with that.
Cheers!
Chuck said.
I have already gone on the record in other comments pages to say that I do not want Trump to be unfairly rushed into a trial. Since my hope is that in the end he will be convicted and that the conviction will be sustained upon any appeal.
--
Prosecution doesn't care about anything other than the blatant election interference.
Pushing ahead knowing of eventual reversal is a hallmark of the corrupt Joementia/Pedo Pete puppetry regime.
For new vistors here:
Chuck said...
"I am afraid you are mistaking me for someone who has an interest in fair treatment of Donald Trump. I'm not your guy. I am interested in smearing him, hurting him and prejudicing people against him."
3/4/16, 4:46 PM
Chuck: "Fraudulent or not, if Trump loses, it's a win for me."
Walter
That's the beauty of unlimited pocketed guvmint persecution and chilling effect via sword of damacles over licensure. But yeah, why subject oneself to that unless you believe your case is just.
There's also Chuck! Schummer's sleazy admonition re antagonizing IC.
It's a great system we have.
You're cool with that.
Cheers!
Walter suddenly discovering that the rich have an advantage when it comes to litigation.
8/22/23, 7:30 PM
Mutated man,
And no one can be richer than a Guvmint spending other people's money.
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