'A trap Fani Willis should not walk into': Legal experts raise alarm on appeals question

Following former White House Chief of Staff Mark Meadows' defeat in his bid to get his charges in the Georgia case removed to federal court, he has appealed the matter to the 11th Circuit Court of Appeals — and the court is asking for a briefing from Fulton County District Attorney Fani Willis on whether federal officials, generally, are eligible for legal immunity of the sort Meadows is seeking.

But Willis should not engage with this, warned Georgia State Law professor Anthony Michael Kreis — because even if Willis won this review, it would be a Pyrrhic victory.

"I think this is a trap that Fani Willis should not walk into," wrote Kreis. "The consensus has generally been (and I think correct) that the current status of the defendant does not matter but what does matter is whether the acts that undergird the legal action are related to official duties."

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"Willis should shut this down despite it maybe giving Meadows a defeat," continued Kreis. "First, it is a nasty kind of textualism that conservatives like and liberals should reject. Second, it introduces more unnecessary confusion and opens the door to a greater likelihood of Supreme Court review. Third, it makes little theoretical sense. If the idea of removal is to provide a neutral venue to persons employed by the gov’t or empowered by federal law from vindictive actions in state court, then the D’s current status is irrelevant. It’s about protecting federal integrity."

The upshot, concluded Kreis, is that "Willis should politely decline the invitation to derail litigation and upend the removal statute."

Bradley Moss, another attorney and legal commentator, wrote, "I concur" in response.

Meadows is one of several Trump associates caught up in the Georgia RICO probe who are trying to get their cases removed, including former Justice Department civil division official Jeffrey Clark, and several of the false Trump electors.