One of the first big battles in the new racketeering case against Donald Trump is likely imminent: Should the former president face a jury in state or federal court? Although the charges were filed in state court in Fulton County, Ga., Trump is sure to attempt to “remove” the case to federal court, where he would potentially have a friendlier jury pool and the chance of drawing a judge whom he appointed to the bench.
Trump is expected to argue that much of the conduct he’s been charged with was undertaken in his capacity as an officer of the federal government, because he was still president during the critical period. A federal law, known as a “removal statute,” generally allows any “officer of the United States” who is prosecuted or sued in state court to transfer the case to federal court if the case stems from the officer’s governmental duties.
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The piece goes on to note that Trump failed in his attempt to move the Stormy Daniels case to federal court, with a New York judge ruling that the hush money scandal had nothing to do with his formal duties as president. This one isn’t so clear cut. Moving the Georgia case to federal court would also open the door to an attempt to pardon himself should he be convicted and elected.
NEW: An early test in the Georgia prosceution of Donald Trump will be the former president’s certain effort to remove his case to federal court — which could land him a friendlier jury pool and a chance to appear in front of a judge he appointed.https://t.co/lnoyAh4tUk
— Kyle Cheney (@kyledcheney) August 15, 2023