Trump could possibly seek to have the Fulton County case moved up to a federal court, where he might draw a more favorable judge and jury.
On Monday night, a grand jury in Fulton County, Georgia,and 18 others on state-level criminal charges relating to his alleged efforts to overturn the results of the 2020 election in the state. The indictment hit the former president with 13 felony charges, including violating Georgia's Racketeer Influenced and Corrupt Organizations Act, solicitation of violation of oath by a public officer, filing false documents, and multiple conspiracy counts.
As highlighted in a recent Politico report, Trump and his legal team may be able to successfully petition for his case to be moved from a state court to a federal one based on the federal"removal statute," which allows for an officer of the United States who is being tried in a state court to have their case moved to a federal one.
Trump previously attempted this tactic in response to his first criminal indictment from earlier this year: the state-level indictment in Manhattan for allegedly orchestrating a plan to unlawfully hide hush money payments to adult film star. The request was ultimately denied by U.S. District Judge Alvin Hellerstein, who ruled that the plan was carried out as"private conduct" outside of Trump's duties as president. That decision is currently being appealed.
Former President Donald Trump at the Georgia state GOP convention in Columbus, on June 10, 2023. A grand jury in Georgia voted to indict Trump and allies on charges relating to his alleged efforts to overturn the state's 2020 election results.In Georgia, however, Trump may have better luck seeking removal to a federal court, given that many of the charges he faces in Georgia are tied to his duties and conduct when he was in office.
Such a move would potentially be beneficial to Trump, as it would allow for a broader statewide jury pool, rather than one pulled only from Fulton County, where he is notably unpopular. It would allow for the possibility of his trial being assigned to a federal judge that he appointed to the bench, as happened in theTrump has until Friday to voluntarily surrender himself for arraignment in Fulton County, where he will enter a plea.
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