Three fake electors accused in Donald Trump’s Georgia election racketeering case want their cases bumped to federal court, reports and records show.
David Shafer, Shawn Still, and Cathleen Latham Thursday filed their request — denied by a federal judge last year — that their cases be separated from Fulton County District Attorney Fani Willis’ state-level prosecution, the Messenger was first to report.
The 57-page brief filed to the 11th Circuit U.S. Court of Appeals argues the trio were serving as federal officers because they were serving an elected officer, namely Trump.
That Trump was not elected in the 2020 election was beside the point, their attorneys argue.
ALSO READ: Behold: Donald Trump the chosen son — and religious con
“Neither set of Presidential Electors was conclusively elected as a matter of law,” the filing states. “Both sets of Presidential Electors remained contingently elected until Congress settled that matter on January 6, 2021.”
Their claims to federal status were rejected in September by U.S. District Judge Steve Jones, the Messenger notes.
“Tell me why I should disregard the Supreme Court saying presidential electors are not federal officers?" Jones asked during the hearing.
The same judge denied a similar separation request from Trump’s former chief of staff Mark Meadows, also charged in Willis’ state-level case.
Excluding four lawyers who’ve accepted plea deals in exchange for testimony, Trump and his co-defendants all pleaded not guilty.
