(CNN) — Former Trump White House Chief of Staff Mark Meadows is seeking to move the criminal prosecution against him in Fulton County, Georgia, to federal court so he can attempt to dismiss the case under federal law.
Meadows argued in a new court filing filed in the U.S. District Court for the Northern District of Georgia that he was eligible to initiate a defense of federal immunity because the state of Georgia’s allegations against him related to his conduct as then-President Donald Trump’s chief of staff are due.
Gabriella Demczuk/Getty Images
Meadows is one of 19 defendants, including Trump, charged Monday in the 2020 Georgia election subversion case. Meadows’ motion would not result in District Attorney Fani Willis taking the entire case to federal court. Rather, it would be an endeavor of each individual defendant.
According to multiple sources familiar with the legal team’s mindset, Trump, who faces 13 charges, is also expected to seek to take the case to federal court.
And former Trump attorney Rudy Giuliani – who also faces 13 charges in the Fulton County case – brought up one of the laws mentioned in Meadows’ new motion during Tuesday’s radio show, saying he believes the case against him ” almost automatic “was removal” in federal court.
The law states that felonies found in a state court may be “remitted” to federal court if the prosecution relates to conduct committed “under cover” of a US agency or agency.
Experts on Georgia’s criminal law told CNN on Tuesday that they believed such arguments might be made by government officials like Trump, as well as former Justice Department official Jeffrey Clark and others.
Meadows said he intends to file a fuller motion at a “later date” outlining why federal law should dismiss his case. Meanwhile, however, Meadows argued that federal court should shift the prosecution from state court to federal court, effectively dropping state-level proceedings against him.
“Although the court is not ready for a complete dismissal at this early stage, the judiciary requires that the deportation be granted and that all further state court proceedings against Mr. Meadows be dismissed,” the filing reads. “This will allow for a timely review of Mr. Meadows’ defense, including his federal defense under the supremacy clause, without his having to concurrently defend in state court.”
Willis accused Meadows of violating Georgia’s anti-racketeer law, known as the Racketeer Influenced and Corrupt Organizations Act (RICO), and prompting an official to break his oath.
According to the filing, Meadows’ impeachment request was assigned to US District Judge Steve Jones, an appointee for former President Barack Obama.