Mark Meadows is seeking to have his Fulton County case removed from state court to federal, but one legal expert thinks it isn't likely to happen based on a recent decision in the 11th Circuit Court of Appeals.
Lawfare editors Roger Parloff and Quinta Jurecic joined correspondent Anna Bower and legal expert Ben Wittes to chat about the Georgia case and how Meadows is trying to have it tried in federal court.
The date for that is set to begin on Dec. 15, and Fulton County's trial can't get started until after it is decided.
POLL: Should Trump be allowed to run for office?
"And then we have an appeal, likely, to the Supreme Court," Bower explained. "So, Judge [Scott] McAfee is going to have to decide whether to sever those removal defendants or just wait until that litigation has been exhausted. He's raised this question before if on appeal any of these defendants get removed, would that mean that the whole case gets removed?"
She said that if a trial has already begun, it might raise questions of double jeopardy.
Out of all of the defendants, Wittes explained they all agree Meadows has the best chance at removal to federal court.
Bower said that with the 11th Circuit, one calls the court two weeks before the trial date to find the panel that is named. Thus far, she explained, the only signs of life are that the court asked for additional information from Meadows' lawyer and the Fulton DA team.
Recently, the 11th Circuit made a decision in what Bower said was a similar case in which the court asked if a statute applies to former federal officers in a case involving retaliatory liens.
"The answer, which was a very textualist answer that they gave, is that no, it does not apply to former federal officers. And they went through this extensive textual analysis where they decided former federal officers are excluded," said Bower. The court has since asked how that decision could apply to the Meadows case in Georgia.
If it proves they see the similarity to the debate over whether Meadows is a former federal employee or a current one, it means his appeal to break off into federal court is lost. His only recourse at that point is to go to the Supreme Court.
See the full conversation of the Lawfare experts in the video below or click here.
Lawfare Live: Trump's Trials and Tribulations, Oct. 26www.youtube.com
