Former Justice Department attorney Jeffrey Clark moved to delay pre-trial motions in the Georgia election conspiracy case until after his efforts to move his case to federal court have concluded, according to court documents obtained by Lawfare correspondent Anna Bower.
Clark’s attorneys are seeking a 30-day extension from the conclusion of his removal request, along with any appeals associated with the request.
Clark is among 18 co-defendants indicted alongside former President Donald Trump on allegations they tried to overturn Georgia's 2020 election result. The case is being charged under the state's racketeering law.
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“For the economy of the Court and the parties (the State and Mr. Clark), they should be permitted to conclude their litigation of removal (including any relevant appeals) before undertaking litigation of Mr. Clark’s demurrers and special pleas and other subsequent proceedings in this Court,” Clark’s attorneys argued in court filings.
A legal expert shot down Clark’s argument.
“This is weak,” Georgia State University assistant law professor Anthony Michael Kreis wrote in a social media post.
“The removal statute is intended to not unduly delay state court proceedings while federal courts consider the merits of removal. This request, if honored, would turn the basics of federalism on its head contrary to the (admittedly quirky) design of the law.”
