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By: The opinion
Donald Trump on Thursday formally notified Judge Scott McAfee, who is overseeing the 2020 election subversion case in Georgia, that he “may” attempt to take his state case to federal court.
Trump’s lawyers have said they would try to move forward with moving the case, which could help get charges against the former president dropped by invoking immunity protections for federal officials.
“President Trump hereby notifies the Court that he may request the transfer of his prosecution to federal court,” his attorney Steven Sadow said in a brief court filing, according to CNN. “To be timely, his deportation notice must be filed within 30 days of his arraignment.”
Moving the case to federal court would give Trump additional avenues to have the charges dropped if he can convince a judge that his alleged actions in the indictment were tied to his formal duties as a government official.
If the case remains in state court, all jurors will come from Fulton County, which President Joe Biden won by a 47-point margin.
If the case goes to federal court, the jury would be selected from a 10-county region near Atlanta, Georgia, where Biden won in 2020 by 32 points, a narrower but still comfortable margin.
Several of the 18 co-defendants with Trump, including his former White House chief of staff, Mark Meadows, have filed petitions to move their cases to federal court since they were charged last month in an investigation led by Fulton County District Attorney Fani Willis.
Additionally, an attempt by Trump to advance his case could compound legal complications that already threaten the Fulton County prosecutor’s goal of trying all 19 defendants as soon as next month.
Judge Scott McAfee on Wednesday granted a request by former Trump lawyers Kenneth Chesebro and Sidney Powell to be tried on October 23.although he has yet to decide whether the other defendants will join them.
Petitions by Meadows and others to have their cases moved They could also alter the case if a judge rules that the 19 defendants should be tried together in federal court.
Trump’s broader legal problems could increase as he faces possible trials next year in three more criminal cases.
He is charged in Florida for his handling of classified documents upon leaving office, in Washington for his efforts to overturn the election results, and in New York for money paid to a porn star before the 2016 election to maintain his silence.
Trump has pleaded not guilty and denied wrongdoing in all cases.
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