Hearing Scheduled for Former DOJ Official’s Petition to Transfer Georgia Election Case to Federal Jurisdiction

A U.S. District Judge, who previously denied an application by Mark Meadows, former Chief of Staff to President Donald Trump, to transfer his case related to the Georgia election subversion to federal court, is set to consider a similar request from former Justice Department official Jeffrey Clark on Monday.

Fani Willis, the District Attorney of Fulton County, has leveled allegations against Clark, Meadows, former President Trump, and 16 additional individuals. They are accused of engaging in a comprehensive conspiracy aimed at nullifying the electoral victory of Democrat Joe Biden and retaining Trump as President. The multi-count indictment features charges rooted in the state’s anti-racketeering legislation, and all the 19 accused have entered pleas of not guilty.

Clark is among the five defendants seeking a change in the jurisdiction of their cases to a federal court. U.S. District Judge Steve Jones, who will oversee the upcoming hearing, had earlier dismissed Meadows’ request for jurisdictional transfer this month. He ruled that the activities described in the indictment were conducted in the interest of the Trump campaign, rather than as part of any official duties. Judge Jones emphasized that he would evaluate each petition for a jurisdictional change on its own merits.

The implications of relocating to a federal court could involve a more diversified jury pool compared to the predominantly Democratic Fulton County. Moreover, the proceedings would not be subject to photographic or video coverage, as cameras are prohibited in federal courtrooms. However, any potential convictions would remain under state law, which would preclude the possibility of presidential pardons, even if Trump were to be reelected in 2024.

According to the indictment, Clark had drafted a letter following the November 2020 elections, claiming that the Justice Department had unearthed “significant concerns” that could have influenced the election results in Georgia and other states. The indictment alleges that Clark was aware that this statement was incorrect when he made it.

In legal documents submitted in an effort to shift his case to federal court, Clark’s counsel argued that his actions were directly tied to his roles within the Justice Department and his interactions with the former President. At the time, Clark held the positions of Assistant Attorney General overseeing the Environment and Natural Resources Division and acting Assistant Attorney General for the Civil Division.

Clark’s legal team has criticized Willis, stating that the prosecution is not conducted in good faith but is a politically motivated attack on opponents. They argue that the state lacks the jurisdiction to criminalize advice given by a senior Justice Department official to the President concerning federal law enforcement policy.

In response, the prosecution has contended that Clark’s positions did not give him any authority in matters relating to elections or criminal investigations. Senior department officials had cautioned Clark that his central claim was false and beyond the scope of the Department’s role. Richard Donoghue, the acting Deputy Attorney General, indicated that Clark’s letter was tantamount to the Justice Department meddling in the presidential election results.

Mark Meadows, who is currently appealing Judge Jones’ ruling, testified at length last month, fielding questions from his attorney, the prosecutor, and the judge. His testimony detailed his role as Trump’s final Chief of Staff and included occasional lapses in memory regarding events post-election.

It remains uncertain whether Clark will opt to testify. His lawyers recently submitted a 10-page affidavit detailing his service in the Justice Department, which may serve as an alternative to his live testimony and subsequent cross-examination by the prosecution.

Additionally, Clark is mentioned as one of six unnamed co-conspirators in a separate indictment by Special Counsel Jack Smith, which accuses Trump of unlawfully attempting to overturn the 2020 election results and obstructing the peaceful transfer of power to Biden. No charges have been filed against Clark in this particular case.

Federal agents executed a search warrant at Clark’s residence in Virginia during the summer of 2022. A video surfaced showing Clark handcuffed and standing in his driveway, appearing to wear no trousers.

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More about Georgia Election Case Federal Court Transfer

• Fulton County District Attorney’s Office
• U.S. District Court Rulings
• The Department of Justice’s Roles and Responsibilities
• Georgia State Anti-Racketeering Law
• Profile of U.S. District Judge Steve Jones
• The 2020 Presidential Election Results
• Special Counsel Jack Smith’s Indictment
• Legal Framework for Jurisdictional Transfer to Federal Court
• Mark Meadows’ Previous Attempt for Jurisdictional Transfer
• Legal Definitions and Implications of Indictments