At a key Monday hearing, a federal judge will consider a bid to move the case out of the state court system.
will take place on unfamiliar turf: a federal courtroom.
A transfer of the case to federal court would not likely be catastrophic for Willis’ case, but it would, at a minimum, eliminate an intrinsic home-court advantage for the veteran Fulton County prosecutor, legal experts said. Meanwhile, he can sit back and see what happens Monday, sizing up Jones — an appointee of former President Barack Obama — and assessing the judge’s openness to arguments that the case properly belongs in federal court because some of the defendants held posts in the federal government at the time of the 2020 election.
A federal judge might also have more leeway to consider challenges to the constitutionality of the state racketeering statute or other laws included in the indictment than state judges, who are bound to follow state precedent.Meadows hopes that a transfer to federal court would be a prelude to a ruling that he is entirely immune from the Georgia charges because they relate to actions he took as a federal official.The argument is rooted in theof the U.S.
The prosecutors argue that a federal law known as the Hatch Act prohibits federal employees from engaging in political activity as part of their official work, so Meadows couldn’t have been acting as White House chief of staff when he lobbied Georgia officials to change the vote tally.
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