A legal ‘Hail Mary’: Legal expert calls it ‘incredibly risky’ for Trump official to try moving to federal court
Mark Meadows Facebook

A legal expert described former White House Chief of Staff Mark Meadows’ decision to testify before a federal judge in Atlanta on Monday a legal “Hail Mary.”

Former Manhattan Chief Assistant District Attorney Karen Friedman Agnifilo's appearance on CNN’s “Erin Burnett OutFront” followed Meadows' testimony on Monday in connection with the racketeering case against former President Donald Trump, in which Meadows is among 18 co-defendants.

“It’s incredibly risky. Most criminal defendants would not testify under oath about the actual facts of the case in an evidentiary hearing that has nothing to do, really, with your actual trial,” Friedman Agnifilo said.

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“And don't forget, he hasn't seen the evidence yet. He hasn't sat through the whole trial. If he were going to testify at his trial, it would be after he saw the government's entire case," she continued. "He doesn't ever have to testify, but he put all his cards on the table. It was like a Hail Mary. I think the approach to this whole thing is putting all eggs in his basket trying to get the case removed to federal court.”

Friedman Agnifilo suggested that Meadows’ decision to testify in an evidentiary hearing is likely part of an effort to eventually get immunity from state court.

“…that's step one. Step two then will argue ‘See, I was just doing my job. And then, therefore, the Supremacy Clause, which is a defense that would give him immunity from prosecution in state court.

“It's a higher bar to get to get to that threshold, but this is the first step in that in that entire process. And in that strategy, and I think that's what he's trying to do," she closed.

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