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Former President Trump 'may' request Georgia case be moved to federal court

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Updated  September 7, 2023 5:46pm EDT
Donald J. Trump
FOX 5 Atlanta

Trump could ask to move Georgia case to federal court

FOX 5 has learned former President Donald Trump's lawyers may seek to move his election interference case from state court to federal court.

FULTON COUNTY, Ga. - Former President Donald Trump has notified the Fulton County Superior Court that he "may" try to move his state case to federal court.

"President Trump hereby notifies the Court that he may seek removal of his prosecution to federal court," says the brief court filing. "To be timely, his notice of removal must be filed within 30-days of his arraignment."

There are several reasons Trump may seek to move his trial. Primarily, it would give him the opportunity to try to convince a judge that his actions for which he was indicted were tied to his formal duties as a government official.

Additionally, if his case is moved to federal court, the jurors will be chosen from multiple states, not just Georgia, which voted primarily for President Joe Biden.

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Trump is not the only defendant who is seeking to move their case to federal court. His former chief of staff Mazrk Meadows and former Justice Department official Jeffrey Clark are also asking to move their cases.

Former President Donald Trump and his 18 co-defendants were indicted Aug. 14 for violating Georgia's RICO (Racketeer Influenced and Corrupt Organizations) Act and other charges related to the 2020 election results in Georgia. The grand jury indictment was issued following a 2-and-1/2-year investigation by Fulton County District Attorney Fani Willis and a recommendation for indictment by a special grand jury earlier in the year.

Judge: Trump Georgia case timeline 'a bit unrealistic'

Prosecutors say the election interference RICO case against former President Donald Trump and his associates will take at least four months to try. They also plan to call more than 150 witnesses and try all the defendants at the same time.

Offenses listed in the indictment include an alleged request from Trump to Georgia's Secretary of State, Brad Raffensperger, to alter votes. Other charges include making false statements and writings, impersonating a public officer, filing false documents, influencing witnesses, conspiracy to defraud the state, and perjury, among others.

GEORGIA ELECTION PROBE TIMELINE: FROM NOVEMBER 2020 TO NOW

Additional defendants in the case include Trump's former lawyer, Rudy Giuliani, and former White House Chief of Staff, Mark Meadows. All defendants were ordered to surrender to the Fulton County Jail by noon on Aug. 25. Initially, Willis requested a trial date in March 2024, but that request has since been amended to Oct. 23, 2023. Trump continues to assert that he won the election and claims that he is now facing persecution.