Appeals court rules 4 Trump co-defendants can't move Georgia election charges to federal court [View all]

Source: The Hill

10/24/24 2:25 PM ET


An appeals court ruled Thursday that four people charged alongside former President Trump in his Georgia election racketeering case cannot move their charges from state to federal court.

Known as removal, federal officials are entitled to move courts when they are being prosecuted under “color” of their office and they present a plausible federal defense.

Trump-era Justice Department official Jeffrey Clark and three pro-Trump individuals who signed documents purporting to be presidential electors despite President Biden’s 2020 victory in Georgia — David Shafer, Shawn Still and Cathy Latham — attempted the gambit as part of an attempt to assert immunity. They all appealed after a district judge ruled against them.

A three-judge panel of the 11th U.S. Circuit Court of Appeals on Thursday affirmed those decisions, ruling that removal is not available for former officials. “The statute applies only to current officers,” the court’s unsigned opinion in Clark’s case reads.

Read more: https://thehill.com/regulation/court-battles/4951624-trump-co-defendants-georgia/