BigTigerMike
Hall of Famer

Posts: 24,828
Joined: Nov 2007
Reputation: 1195
I Root For: Memphis Tigers
Location:
|
Regarding Mark Meadows removal motion in federal court
Shipwreckedcrew
22 years as federal prosecutor; Attorney for 25 + years
https://x.com/shipwreckedcrew/status/169...hFN4XC3jGQ
Regarding the Meadows' removal motion in federal court in Atlanta yesterday:
What everyone needs to keep in mind here is the standard that is applicable -- the purpose of the hearing yesterday was not to prove or disprove the the factual issues that were the main point of contention.
Meadows only has to prove that he has a colorable defense he can raise at trial that his actions were part of his federal job duties. The only standard he must get past is that the claim is not frivolous.
The issue raised by him will later be a basis for both a claim of immunity in a motion to dismiss, or a factual affirmative defense raised at trial if it gets that far.
The only question before the Court is whether -- based on the existence of such a colorable defense -- the trial must take place in federal court rather than state court.
Why are the Dems and the lefty Legal Beagles so distraught over the possibility this case will end up in federal court? It will be the same indictment, still prosecuted by the Fulton County DA.
The reason the lefty Legal Beagles are desperate for this to not go to federal court is because they know that even if the district court judge does not grant a motion to dismiss based on immunity, that would be immediately appealable to the 11th Circuit, and Willis will likely lose there -- before any trial of Trump in DC.
Also -- as has been briefly mentioned in various places, after being raised by @McAdooGordon -- when Meadows takes the immunity issue to the 11th Circuit, Trump will do so as well.
What the 11th Circuit does regarding a claim of Presidential Immunity made by Trump -- if they uphold it and dismiss the Georgia case -- will create GREAT DIFFICULTY for Jack Smith in DC. The 11th Cir. ruling will not be binding on the Judge in DC, but Trump is going to make a Presidential Immunity claim in the DC case and when it is denied he's going to take that to the DC CIr.
If the 11th Cir. has already ruled in his favor -- and this will come long before next March -- Trump will then seek to bypass the DC Cir. after filing there by seeking "Cert before Judgment." Then both the 11th Cir and DC cases would be before SCOTUS at the same time.
Lawfare can be waged in both directions.
If you've seen this before, I apologize for bombarding you with it. I represent 25 defendants charged in connection with Jan. 6. I'm doing the work largely at no cost to my clients, and am almost completely funded by donations to the January 6 Legal Defense Fund.
I have 4 trials upcoming, so that is four trips to DC and four weeks or more in hotel rooms.
|
|
| 08-29-2023 01:19 PM |
|
UofMstateU
Legend

Posts: 46,167
Joined: Dec 2009
Reputation: 4536
I Root For: Memphis
Location:
|
RE: Regarding Mark Meadows removal motion in federal court
I'll go ahead and get the "womp womp" out for this one.
|
|
| 08-29-2023 04:06 PM |
|