ATLANTA (AP) — Former President Donald Trump will not seek to have his Georgia election interference case moved to federal court, his lawyers said in a filing Thursday, three weeks after a rejected judge a similar attempt by the former president’s White House chief of staff.
The notice filed in federal court in Atlanta follows a Sept. 8 ruling by U.S. District Judge Steve Jones that Chief of Staff Mark Meadows “has not met even the “fairly low” threshold.” to move his case to federal court, saying that the actions described. in the indictment they were not considered part of Meadows’ role as a federal official. Meadows is appealing that ruling.
Trump has pleaded not guilty to charges, including an alleged violation of Georgia’s anti-graft law, for his efforts to overturn the results of the 2020 election. He was indicted last month along with Meadows and 17 others .
The notice, filed in state court in Atlanta by Trump’s defense attorney, expressed confidence in how Fulton County Superior Court Judge Scott McAfee will handle the trial, but may also have reflected the difficulties that have had other defendants try to move their cases to the federal state. court
“President Trump now notifies the court that he will NOT seek to remove his case to federal court,” the notice states. “This decision is based on your well-founded confidence that this honorable court intends to fully and completely protect your constitutional right to a fair trial and guarantee you due process of law throughout the prosecution of your case in County Superior Court from Fulton, Georgia.”
If Trump had taken his case to federal court, he could have sought to have the charges dismissed on the grounds that federal officials are immune from prosecution for actions taken as part of their official duties.
Trump, however, still argues in the state court case that he cannot be prosecuted for his federal position. On Thursday, his lawyer filed a motion saying in part that Trump is immune from state prosecution for all acts he did while president, and that Georgia’s prosecution violates the Supremacy Clause of the U.S. Constitution, which says federal law overrides state law.
A change of venue also could have expanded the jury pool beyond overwhelmingly Democratic Fulton County and meant a trial that would not be photographed or televised, as cameras are not allowed inside federal courtrooms. A change of venue would not have meant that Trump, if re-elected in 2024, or another president could have issued a pardon because any conviction would still occur under state law.
Several other defendants, three fraudulent voters and former US Justice Department official Jeffrey Clark are also seeking to move their cases to federal court. Jones has yet to comment on those cases.
Meadows testified as part of his attempt to withdraw his case, although the others did not. Trump would not have been required to testify at his own hearing, but removal might have been difficult to win had he not taken office. That would have given prosecutors a chance to cross-examine him, and anything he said could have been used in an eventual trial.
Meadows had asked that the charges be dismissed, saying the Constitution made him immune from prosecution for actions taken in his official capacity as White House chief of staff.
The judge ruled that the actions at the center of prosecutors’ charges against Meadows were taken on behalf of the Trump campaign “with the ultimate goal of affecting state election activities and procedures.”
Trump, who faces three other criminal cases, has been so far it has not been successful in seeking to have a state case in New York, alleging falsified business records in connection with a hush money payment to a porn actor, transferred to federal court. he asked a federal appeals court to reverse a judge’s opinion by keeping the case in state court.
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