Trump Criminal Trials, page-200

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noddan

6,276 Posts.

28/08/23

10:43

Post #: 69582133
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Originally posted by thecurious1 ↑

Mark Meadows clearly needs better lawyers.

Their filing undercuts his claim that he was acting "under authority of federal law in the discharge of his duty and only by reason thereof".

They accidentally admitted that he was acting in a political capacity ! Emphasis added.

"'Insurmountable': How Mark Meadows 'fatally sabotaged' his bid to remove Georgia case

Federal District Court Judge Steve C. Jones is expected to hear Meadows' motion for removal on Monday. Meadows has been charged in Georgia for allegedly conspiring to overturn the 2020 presidential election.

"Even though the legal hurdle is low and the law is favorable to federal officers, Meadows faces a seemingly insurmountable barrier," the authors write. "In their briefs before Judge Jones, Meadows' lawyers have remarkably conceded that 'all the substantive allegations in the Indictment concern unquestionably political activity.' In the context of these charges, that should be fatal to Meadows' claim for removal."

Meadows must show that he acted "under authority of federal law in the discharge of his duty and only by reason thereof," according to existing case law.

But the Hatch Act "negates the possibility of the link Meadows proposes," the Just Security column states. "Put more strongly, the Hatch Act severs any evidentiary or legal thread with which Meadows could hope to tie the Chief of Staff's official authority to the charged conduct. The law unambiguously prohibits the Chief of Staff from using 'his official authority or influence for the purpose of interfering with or affecting the result of an election.'"

The authors observe Meadows was not acting "out of his duty to enforce federal law" as his motion claims.

Meadows' motion to remove the case would "turn the law on its head," the authors argue. "Moreover, Meadows' attempt to get the case dismissed by raising federal defenses may have fatally sabotaged his removal effort." "

https://www.rawstory.com/mark-meadows-georgia-case/

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Judge Jones appointed by Obama, Mark may have had a better outcome with "Misfire" Judge Cannon, time will tell.
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Trump Criminal Trials, page-200

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