Federal Judge Rejects Mark Meadows’ Motion To Remove Georgia Criminal Prosecution To Federal Court

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Federal Judge Rejects Mark Meadows’ Motion To Remove Georgia Criminal Prosecution To Federal Court
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'Meadows’s alleged association with post-election activities was not related to his role as White House Chief of Staff or his executive branch authority.' Appeal sure to follow.

As the foregoing analysis illustrates, the Court concludes that Meadows has not shown that the actions that triggered the State’s prosecution related to his federal office. The Constitution, federal statute and regulation of executive branch employees, and the purpose of Section 1442 support this conclusion. Meadows’s alleged association with post-election activities was not related to his role as White House Chief of Staff or his executive branch authority.

This is contrary to my understanding of the law on removal, and the judge carved out a novel approach. Assuming jurisdiction over this criminal prosecution would frustrate the purpose of federal officer removal when the state charges allege—notwith constitutionally protected state actions. This result cannot stand in the face of federalism, “a concept which retains vitality and importance in our modern constitutional scheme,” and the Constitution’s express delegation of election activities to States. United States v. Ballinger, 395 F.3d 1218, 1248 .

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