Former U.S. Attorney Harry Litman argued that former DOJ official Jeff Clark was "planning on losing" his motion to remove his Georgia election trial to federal court.
U.S. District Judge Steve Jones set a hearing for Monday after Clark filed the motion to remove his case from Georgia state court.
But in a surprise move, Clark declined to attend the hearing. Instead, Litman predicted Clark would rely on a court briefing from former Attorney General Ed Meese.
POLL: Should Trump be allowed to run for office?
"Former AG Ed Meese's letter in support of Jeff Clark, who is not planning to show for the removal hearing and must be planning on losing, is based on the provision in Const authorizing POTUS to 'require the Opinion, in writing, of the principal Officer in each of the exec depts,'" Litman wrote.
"It is dicey whether Clark qualifies as a principal officer--though Meese tries to jam him into that category--but bigger impediment is that the clause applies only to opinions 'upon any Subject relating to the Duties of their Offices." So back to Q of wh Clark w/in his duties.'"
Jones recently ruled that former White House Chief of Staff Mark Meadows could not have his case removed to federal court.
