Georgia opposes Mark Meadows' request to move election case to federal court
Mark Meadows, White House chief of staff, speaks to members of the media outside of the White House in Washington, D.C., U.S., on Wednesday, Oct. 21, 2020. Meadows said the goal in talks with House Speaker Pelosi is a deal on a coronavirus relief pac
FULTON COUNTY, Ga. - The State of Georgia, represented by the Fulton County District Attorney's Office, has filed a legal brief with the Supreme Court opposing former White House Chief of Staff Mark Meadows’ efforts to transfer his criminal case from state to federal court.
Meadows, a key figure in the alleged 2020 election interference in Georgia, is facing charges alongside former President Donald Trump and others. He has argued that, as a federal officer at the time, his actions should be shielded by federal law and that his case should be heard in federal court.
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Meadows is invoking the Federal Officer Removal Statue – 28 U.S.C. § 1442(a)(1) -- which allows federal officers to move cases to federal court when they are charged for actions taken under the color of their office. However, the 11th Circuit Court previously ruled against Meadows, stating that his involvement in alleged election interference was not part of his official duties as Chief of Staff and, therefore, his case should remain in state court.
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In its brief, the State of Georgia argues that Meadows’ role as Chief of Staff did not include election-related activities, particularly those aimed at influencing the outcome of state elections. The state contends that such activities are political in nature and not part of the official duties of a federal officer. The 11th Circuit agreed, emphasizing that federal protections should not apply to actions that fall outside of one’s formal responsibilities.
The brief also addresses Meadows' claim that his actions were urgent and closely related to his federal role. The State counters that allowing Meadows to move his case to federal court would set a dangerous precedent, potentially allowing former federal officials to evade state prosecution for political actions.
Georgia is asking the U.S. Supreme Court to deny Meadows’ request to review the 11th Circuit's decision, arguing that the lower court correctly applied the law and that Meadows' actions do not warrant federal court protection.
The case, part of a broader investigation into alleged attempts to overturn the 2020 presidential election results in Georgia, continues to draw national attention as legal battles over jurisdiction and the charges themselves unfold.
Mark Meadows charged in Georgia's Trump election case
Meadows, Trump and the others have pleaded not guilty to charges they participated in a sprawling scheme to illegally try to overturn Trump’s 2020 presidential election loss in Georgia, even though the state’s voters had selected Democrat Joe Biden.
The former official is charged with two counts in Fulton County's indictment: Violation of the Georgia RICO Act and solicitation of violation of oath by a public officer.
Meadows said his actions were taken as part of his role as chief of staff to the Republican president. He and his lawyers also argued that, since he was a federal official at the time, the charges against him should be heard in federal court and, ultimately, dismissed for lack of merit.
Prosecutors said the actions laid out in the indictment were meant to keep Trump in office after he lost to Biden. They said the acts were explicitly political in nature and are illegal under the Hatch Act, which restricts partisan political activity by federal employees. As such, they said, the case should stay in Fulton County Superior Court.
Meadows served as Trump’s fourth and final chief of staff after being tapped in March 2020 to replace Mick Mulvaney. Before being elevated to the position of the president’s top aide, Meadows was a congressman representing North Carolina.