Fani Willis can easily short-circuit Mark Meadows' bid to get his indictment tossed: ex-prosecutor
September 04, 2023
Ex-White House chief of staff Mark Meadows' bid to get his Georgia racketeering indictment moved to federal court or dismissed will likely end in failure because Fulton County District Attorney Fani Willis can simply amend her filing, according to a former federal prosecutor.
Speaking with CNN host Rahel Soloman, David Weinstein explained that Meadows will be making the case that the actions outlined in the indictment fell under his official duties as he served Donald Trump and are therefore not a crime, which means the charges against him must either be thrown out or moved to a federal court for review.
Meadows could get the case moved to a federal court where Willis would still be allowed to prosecute, but before a jury drawn from a greater pool of Georgia citizens – including from more conservative areas than Atlanta.
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However, as Weinstein explained on CNN, should the judge hearing Meadows' appeal agree, Willis could choose to amend the objectionable charge.
"[Willis] does not have to prove every overt act, but prove two or more, and if she wants, she can amend and take out the overt act that this judge thinks that perhaps was within the job description, and then Meadows is left with nothing to say," the attorney explained.
He then added that the judge would then have, "Every reason to just deny the motion and send it all back to state court."
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