Trump official Jeffrey Clark pushes to move Fulton County case

September 19, 2023

Former Trump administration official Jeffrey Clark requested that his Fulton County case be moved to federal court on Monday.

Clark, one of 18 co-defendants in the case with the former president, is charged with breaking Georgia's Racketeer Influenced and Corrupt Organizations Act (RICO) statute and other crimes.

The background

"Clark served as Assistant Attorney General in the environment and natural resources division under Trump’s administration. Clark is being charged with a violation of the RICO statute and attempting to commit false statements and writings," Breitbart News reported.

"The false statements charge stems from a letter Clark wrote that claimed the U.S. Department of Justice had 'identified significant concerns that may have impacted the outcome of the election in multiple States, including the State of Georgia,'" it continued.

Low chance?

"Former Justice Department Civil Division head Jeffrey Clark, who is accused of helping Trump try to force states to delay certification of the 2020 presidential election under false pretenses, is almost certain to fail in his bid to get his charges in the Georgia election racketeering case removed to federal court," Raw Story reported.

"Mark Meadows, who was Trump's White House Chief of Staff, lost his attempt to move his case to federal court," said Blitzer. "Given that, does Jeffrey Clark have a realistic chance of getting his case moved from state to federal court?"

Clark's argument

"Clark is one of five defendants in the Fulton County DA's case who have filed for removal based on a federal law that calls for the removal of criminal proceedings brought in state court to the federal court system when someone is charged for actions they allegedly took as a federal official acting "under color" of their office," ABC News noted.

"At the hearing Monday, Clark's attorney argued that Clark's action in drafting a letter to send to Georgia officials claiming there was evidence of voter fraud that could have affected the outcome of the election in Georgia would have been 'impossible' if he wasn't acting under the color of his office," it continued.

Clark's case may have an important influence on others involved in the Fulton County indictment, though his chances for success may be low.

The judge handling the case has already turned down Mark Meadows and others in similar requests, which would make Clark a surprise exception.

The massive case is likely to drag on for months, with Trump's lawyers seeking to delay the case until after the 2024 presidential election.

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