President Trump may seek to move Fulton County DA Fani Willis’s RICO and conspiracy case to a federal court, according to a new court filing.
Trump’s attorneys formally notified the superior court judge overseeing the Fulton County RICO case that they “may” move the case to a federal court. This move could help Trump get the charges dropped by invoking immunity protections.
“President Trump hereby notifies the Court that he may seek removal of his prosecution to federal court,” Trump lawyer Steven Sadow said in a court filing. “To be timely, his notice of removal must be filed within 30 days of his arraignment.”
Trump was charged with 13 counts – including RICO and conspiracy – by a Fulton County grand jury last month.
By moving the case to a federal court, Trump’s lawyers will argue the so-called ‘crimes’ alleged in the indictment are tied to Trump’s official duties as US President.
Five of Trump’s co-defendants already sought removal to federal court.
ABC News reported:
Attorneys for former President Donald Trump have notified Georgia state court in Fulton County that they may seek to remove his election interference case to federal court, according to a court filing.
If Trump seeks removal to federal court, he would be the sixth defendant in District Attorney Fani Willis’ sweeping racketeering case to do so, joining former Trump Chief of Staff Mark Meadows, former DOJ official, Jeffrey Clark, former Georgia GOP chair David Shafer, former Coffee County GOP chair Cathy Latham, and current Georgia state Sen. Shawn Still.
Meadows’ motion for removal, filed on Aug. 15 by his attorney George Terwilliger and Atlanta-based attorney Joseph Englert, is based on a federal law that they argue requires the removal of criminal proceedings brought in state court to the federal court system when someone is charged for actions they allegedly took as a federal official acting “under color” of their office.
Meanwhile…
Trump’s co-defendants, attorneys Sidney Powell and Ken Chesebro will go on trial on October 23rd in the Georgia RICO and conspiracy case.
Trump’s indicted lawyers Ken Chesebro and Sidney Powell requested speedy trials and formally asked a judge to separate their cases.
Trump’s lawyer Kenneth Chesebro was charged with count 1 (RICO), 9 (Conspiracy to Commit Impersonating a Public Officer), 11 (Conspiracy to Commit Forgery in the First Degree), 13 (Conspiracy to Commit False Statements and Writings), 15 (Conspiracy to Commit Filing False Documents), 17 (Conspiracy to Commit Forgery in the First Degree), and 19 (Conspiracy to Commit False Statements and Writings).
Sidney Powell was charged with counts 1, and 32-37: RICO, Conspiracy to Commit Election Fraud, Conspiracy to Commit Computer Theft, Conspiracy to Commit Computer Trespass, Conspiracy to Commit Computer Invasion of Privacy and Conspiracy to Defraud the State.
Fani Willis wants to try all 19 defendants together. Of course, this would deny Trump’s Constitutional right to a fair trial. She simply isn’t prepared for trial so putting all 18 co-defendants in the meat grinder at once – with Trump – would be the easiest route for Fani Willis.
Willis does not want to try each defendant separately because she knows she doesn’t have a case.