14

News Headlines indicate: Mark Meadows asks federal court for Georgia charges to be dismissed

Under what statute do Federal courts have the authority to intervene in a state (Georgia) trial? Any examples of precedent are appreciated. BTW IANAL and would appreciate if the response is at high school level narrative.

1

1 Answer 1

31

Meadows is first trying to remove the case to federal court

Meadows has filed a notice of removal to federal court under 28 U.S.C. § 1442.

§ 1442 provides that a "criminal prosecution that is commenced in a State court and that is against or directed to [any officer of the United States] may be removed by them to the district court of the United States for the district and division embracing the place wherein it is pending."

This is known as "federal officer jurisdiction":

the purpose of the federal officer removal statute is to prevent states from interfering with federal operations, which could occur if states were permitted to prosecute state [sic (should read "federal" or the more generic sense of "state")] officials in cases involving their official federal duties.

See also Holly Bailey, "Mark Meadows seeks to move Georgia case into federal court", Washington Post (August 15, 2023).

The federal district court is set yet to hear the evidentiary hearing relating to the removal notice on August 28. See the order here — the federal district court said there was enough on the face of the notice to warrant a hearing rather than an immediate summary remand back to the state court.

Meadows' petition to dismiss is contingent on the removal being accepted by the federal court

Meadows' petition to dismiss expressly contemplates that the jurisdiction to dismiss would be after an accepted removal to federal court.

1
  • 1
    The key question seems to be whether the court agrees that Meadow's actions related to Georgia were part of his official responsibilities as chief of staff or were political in nature. Commented Aug 22, 2023 at 15:42

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .