The battle to transfer the Georgia racketeering case against Donald J. Trump and his allies to federal court commenced in earnest on Monday with the testimony of Mark Meadows, former White House chief of staff. Meadows expressed his support for moving the case, stating that his actions mentioned in the indictment were within the scope of his duties. However, he exhibited uncertainty at times, frequently claiming that he could not recall specific details. The hearing before Judge Steve C. Jones of the U.S. District Court for the Northern District of Georgia witnessed Meadows seeking clarification on the judge’s instructions and expressing concern about his situation.
This legal dispute marks the first significant fight since the indictment of Trump, Meadows, and 17 others by Fani T. Willis, the district attorney of Fulton County, Georgia. The indictment accuses Trump and his associates of interfering in the 2020 presidential election in the state. Meadows is one of several defendants attempting to transfer the case, and the outcome of this battle will affect all 19 defendants.
Meadows testified that Trump instructed him to arrange the controversial phone call between Trump and Brad Raffensperger, Georgia’s secretary of state, on January 2, 2021. During this call, Trump pressured Raffensperger to “find” enough votes to reverse his defeat in the state. Meadows stated that Trump wanted to address concerns about fraud and the ballot signature verification process, emphasizing the shared goal of accurate elections.
Raffensperger, a Republican and the state’s top elections official, was also called to testify. He recounted ignoring previous calls from Meadows, as he believed it was inappropriate to speak while Trump contested the election results. Raffensperger initially tried to avoid the January 2 call, referring to it as a “campaign call.” He described the level of outreach from Meadows and Trump as extraordinary.
The hearing marked a pivotal moment in the case, with Meadows facing Fulton County prosecutors for the first time. Raffensperger detailed the threats he and his family faced after Trump made baseless claims. Prosecutors played audio clips of the January 2 call, featuring Trump stating, “We won the state.”
If the case is moved to federal court, it could benefit the Trump side by expanding the potential jury pool beyond Fulton County, where the former president enjoys more support. Additionally, it may slow down the proceedings. If the case remains in state court, three defendants are expected to face trial in October. Kenneth Chesebro has already been granted an early trial, and Sidney Powell has requested the same. John Eastman’s lawyer has also expressed the intention to seek a speedy trial.
To transfer the case to federal court, one must convince a judge that the scrutinized actions were carried out by federal officers within their official duties. Trump previously failed in his attempt to move a New York State criminal case against him to federal court. Meadows and his lawyers argue that the role of chief of staff inherently involves political elements, and the district attorney is overstepping her boundaries by attempting to define the duties of a powerful federal official.
Witnessing arguments similar to those made in pre-hearing filings, Meadows and the other defendants face racketeering charges, along with allegations of soliciting Raffensperger to violate his oath of office. The case will proceed in state court for now, with arraignments scheduled for September 6. Given the heightened security concerns surrounding a former president, some or all of the arraignments may not take place in person.
The case will see involvement from two different judges in downtown Atlanta. Judge Scott McAfee of Fulton County Superior Court, appointed by Georgia’s Republican governor Brian Kemp and a member of the conservative Federalist Society, will handle the proceedings, while Judge Steve C. Jones, an Obama appointee, focuses on the removal question.
This year, the Georgia case constitutes the fourth criminal indictment of Trump. In the hypothetical event of his reelection, Trump could attempt to pardon himself for federal convictions. Nevertheless, since the Georgia case involves state crimes, it falls outside the purview of presidential pardon powers.
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