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Former DOJ Official Jeffrey Clark’s Actions in Georgia Case Within Official Duties, Says Lawyer

by Gabriel Martinez
4 comments
DOJ Official Jeffrey Clark Legal Defense

Jeffrey Clark, a former official of the Department of Justice, is currently facing charges related to his involvement in a controversial letter regarding the 2020 election in Georgia. His lawyer contends that Clark was acting within the scope of his official duties when he expressed concerns about alleged election problems in Georgia. This legal argument emerged during a hearing seeking to move Clark’s case from Fulton County Superior Court to federal court. Notably, Clark is charged alongside former President Donald Trump and 17 others in connection with a broader alleged scheme to overturn Joe Biden’s presidential election victory.

U.S. District Judge Steve Jones presided over the hearing, where Clark’s attorney presented his case. In contrast to Trump’s former chief of staff, Mark Meadows, who testified at his own hearing, Clark did not appear in court during the proceedings. Clark’s defense had previously submitted a declaration outlining his service in the Justice Department, but the judge decided not to consider it after concerns were raised by prosecutors about their inability to question Clark regarding his assertions.

The indictment against Clark alleges that he penned a letter shortly after the November 2020 election, in which he claimed that the Department of Justice had “identified significant concerns that may have impacted the outcome of the election in multiple States, including the State of Georgia.” He requested that top department officials sign and send this letter to Georgia Governor Brian Kemp and state legislative leaders.

Prosecutors argue that Clark’s central claim in the letter was false, and he did not have the authority to make such a claim within the department’s role. However, Harry MacDougald, Clark’s attorney, characterized the situation as a legal disagreement among lawyers. He emphasized that it is not the role of a state prosecutor to intervene in confidential deliberations at the Justice Department or the White House and make determinations of guilt or innocence.

When asked by Judge Jones whether someone in Clark’s dual roles at the time had the authority to communicate directly with the president without going through department superiors, MacDougald responded that if contacted by the president, such communication was within Clark’s authority.

MacDougald also referenced a 2021 White House meeting in which Trump inquired about the letter Clark had written. He asserted that the theory of their case is that the president had ratified Clark’s conduct during this meeting.

In response, prosecutors argued that Clark failed to provide evidence that his actions were authorized by Trump or that Trump had the authority to get involved in these matters. They contended that this case does not involve federal authority and advocated for it to be returned to state court.

Jeffrey Clark is one of five defendants attempting to move their cases to federal court, and Trump has indicated he may join them. Judge Jones stressed that he would evaluate each case individually, and his refusal to accept Clark’s sworn declaration could set a precedent for others to expect to appear and testify.

If the case is moved to federal court, it would result in a broader jury pool beyond Fulton County and a trial without cameras, as federal courtrooms do not allow photography. However, it would not impact the possibility of future presidential pardons, as any convictions would still fall under state law.

It’s worth noting that Clark was identified as one of six unnamed co-conspirators in an indictment filed by special counsel Jack Smith charging Trump with attempting to unlawfully overturn the 2020 election results and obstruct the peaceful transfer of power to Biden. However, Clark has not been charged in that particular case.

In the summer of 2022, federal agents conducted a search of Clark’s Virginia home, during which video footage emerged showing him in his driveway, handcuffed and without pants.

Frequently Asked Questions (FAQs) about DOJ Official Jeffrey Clark Legal Defense

What are the charges against Jeffrey Clark in the context of the 2020 election in Georgia?

Jeffrey Clark, a former official of the Department of Justice, is facing charges related to his involvement in a letter concerning the 2020 election in Georgia. He is accused of participating in a scheme to overturn Joe Biden’s presidential election victory and keep Donald Trump in power. Specifically, the indictment alleges that Clark wrote a letter expressing concerns about election problems in Georgia and asked top department officials to sign and send it to Georgia Governor Brian Kemp and state legislative leaders.

Why does Jeffrey Clark’s lawyer argue that he was acting within the scope of his official duties?

Clark’s lawyer contends that he was acting within the scope of his official duties when he wrote the letter in question. The defense’s argument is based on the belief that Clark’s actions were part of his responsibilities as an official of the Department of Justice, even though prosecutors argue that his central claim in the letter was false and outside the department’s role.

What is the significance of moving Jeffrey Clark’s case to federal court?

Moving the case to federal court would have several implications. It would result in a broader jury pool beyond Fulton County, where the case is currently being heard in state court. Additionally, federal courtrooms do not allow cameras, meaning that the trial would not be photographed or televised. However, it’s important to note that this move would not impact the possibility of future presidential pardons, as any convictions would still be subject to state law.

Has former President Donald Trump been charged in connection with this case?

Yes, former President Donald Trump is among the 19 defendants charged in connection with this case. They are accused of participating in a scheme to overturn Joe Biden’s presidential election victory and maintain Trump in power. All 19 defendants have pleaded not guilty.

What is the basis of the prosecution’s argument against Jeffrey Clark?

The prosecution argues that Jeffrey Clark failed to provide evidence that his actions were authorized by Trump or that Trump had the authority to intervene in the matters related to the election. They contend that this case does not involve federal authority and advocate for it to be returned to state court.

Has Jeffrey Clark been charged in the broader case involving the alleged scheme to overturn the 2020 election results?

No, Jeffrey Clark has not been charged in the broader case involving the alleged scheme to overturn the 2020 election results. He was identified as one of six unnamed co-conspirators in an indictment filed by special counsel Jack Smith, which charged Trump with seeking to unlawfully overturn the election results and obstruct the peaceful transfer of power to Joe Biden. However, Clark has not been charged in that specific case.

What is the background of the video footage showing Jeffrey Clark in his driveway?

The video footage showing Jeffrey Clark in his driveway, handcuffed and without pants, emerged during a federal agent search of his Virginia home in the summer of 2022. This incident is not directly related to the charges against him but has gained attention in the context of his legal proceedings.

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4 comments

CarEnthusiast23 September 19, 2023 - 6:27 am

wonder how this affects the automotive market? nah, it don’t. just a political mess, folks.

Reply
johnsmith88 September 19, 2023 - 1:35 pm

why they keep arguin’ bout this stuff? jeff clark lawyer says he was doin’ his job, but prosecutors say he lied. trump’s in this mess too, along with 17 others, sayin’ they tried to change the election. not sure who’s right here!

Reply
CryptoExpert4U September 19, 2023 - 4:12 pm

this case ain’t about crypto, but it’s a hot topic. clark’s caught up, but not charged in that bigger scheme. seems like a complicated legal battle, y’all.

Reply
EconGeek2023 September 19, 2023 - 6:25 pm

clark’s lawyer makes a point, sayin’ he was just doin’ his duty, but sounds like a big mess. movin’ to federal court means no cameras but won’t change pardons. trump’s got his hands full here.

Reply

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