Constitutional Law · Government · Justice·December 18, 2023
Federal judge denies Mark Meadows motion to move Georgia RICO case, citing lack of federal jurisdiction
Mark Meadows tried to move Georgia's RICO charges against him into federal court, arguing his participation in Trump's effort to overturn the election was part of his official White House duties — and the 11th Circuit rejected that argument in December 2023
Photo: Al Drago / Reuters
Meadows invoked 28 U.S.C. 1442, the federal-officer removal statute, arguing that his involvement in the Georgia election pressure campaign was part of his official White House duties
U.S. District Judge Steve Jones rejected the removal request on Sept. 8, 2023, ruling that pressuring a state official to change certified election results fell outside legitimate federal duties
The 11th U.S. Circuit Court of Appeals affirmed the rejection on Dec. 18, 2023, writing that a chief of staff's duties do not include altering valid election results for a particular candidate
The 11th Circuit also ruled the statute does not apply to former federal officers at all, blocking any similar argument by defendants who had already left federal employment
The Meadows precedent was later applied to block co-defendant Jeffrey Clark from using the same removal argument
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