'Interesting' order in Meadows' case puts spotlight on key part of his defense

A federal judge on Tuesday ordered attorneys in Mark Meadows' removal hearing to provide briefings in connection with the argument that the former White House chief under Donald Trump was acting under the “color of office” in efforts to overturn Georgia’s 2020 presidential election that are the basis for the sprawling Fulton County indictment.

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Jones wants to know whether “a finding that at least one (but not all) of the overt acts charged under the color of Meadows’s office be sufficient for federal removal of a criminal prosecution.”

“Color of office” is described by Cornell Law School as referring “to a person acting as if they are in an official capacity as an employee of a governmental unit, but taking action that is not authorized. In other words, an office holder acts under the color of office when they take some action under the pretense that the office confers the authority of them to do so. Typically, the term is used in connection with a form of official misconduct, such as extortion or soliciting bribes.”

“An interesting order was just entered by Judge Jones regarding Mark Meadows’ attempt to remove his case to federal court,” Phang said in a social media post.

The attorneys have until 5 p.m. Thursday to file supplemental briefings.

“Judge Jones wants more legal briefing from each side regarding whether it only takes one act by Meadows properly made under color of his federal office to justify removal,” Phang added.

She noted that “During the hearing yesterday, Jones expressed some visible skepticism that Meadows had no bounds to his role as Chief of Staff. But this Order suggests he wants to understand whether federal removal has to be an “all or nothing” proposition in the context of a RICO charge.”