Supreme Court grants Fani Willis extension to respond to Mark Meadow's election interference case motion
Mark Meadows, White House chief of staff, speaks to members of the media outside the White House in Washington, D.C., U.S., on Wednesday, Oct. 21, 2020. (Chris Kleponis/Polaris/Bloomberg via Getty Images)
FULTON COUNTY, Ga. - The U.S. Supreme Court has granted Fulton County District Attorney Fani Willis an extension to respond to former White House Chief of Staff Mark Meadows' attempts to move his case in the Fulton County election interference investigation to federal court.
Meadows, who served as top aide to former President Donald Trump, asserted that he stands a better chance of prevailing in a federal jury trial compared to proceedings in the Fulton County Superior Court. His legal team contends that a recent Supreme Court ruling on presidential immunity could bolster his case.
In July, Meadows intensified his efforts to transfer his case, filing a petition arguing his actions were taken when he was a federal official working as Trump’s chief of staff. As part of that petition, Meadows claimed the right, under a nearly 200-year-old statute, to have his defense adjudicated in federal court.
Willis previously had a deadline of Sept. 3 to respond to the petition but asked for an extension because she had "a scheduled period of personal leave between Aug. 23 and Sept. 3" as well as "other professional commitments."
A representative for the U.S. Supreme Court agreed, giving Willis until Sept. 30 to respond to Meadows' request.
Mark Meadows' attempts to move Georgia election interference case
Meadows' latest push follows a swift rejection by a three-judge panel on the federal 11th Circuit Court of Appeals in December 2023. Shortly after oral arguments, the judges issued a unanimous decision authored by Chief Judge William Pryor—a George W. Bush appointee—with concurrence from two judges appointed by Democratic presidents. They upheld the ruling of U.S. District Court Judge Steve Jones, concluding that Meadows’ actions were outside his official duties, necessitating the case remain under Georgia jurisdiction.
The U.S. Supreme Court has said that the purpose of allowing federal officers to move cases against them to federal court is to protect the federal government from operational interference that could occur if federal officials were arrested and tried in state court for actions that fall within the scope of their duties, Pryor wrote.
"Shielding officers performing current duties effects the statute’s purpose of protecting the operations of federal government," he wrote. "But limiting protections to current officers also respects the balance between state and federal interests" by preventing federal interference with state criminal proceedings.
Pryor also rejected Meadows’ argument that moving his case to federal court would allow him to assert federal immunity defenses that may apply to former officers, writing that he "cites no authority suggesting that state courts are unequipped to evaluate federal immunities."
The conspiracy to overturn the election alleged in the indictment and the acts of "superintending state election procedures or electioneering on behalf of the Trump campaign" were not related to Meadows’ duties as chief of staff, Pryor wrote.
"Simply put, whatever the precise contours of Meadows’s official authority, that authority did not extend to an alleged conspiracy to overturn valid election results," Pryor wrote.
Meadows faces racketeering charges in Fulton County, where he was indicted last summer along with Trump, former New York City Mayor Rudy Giuliani, and 16 others.
The Associated Press contributed to this report.