signalmankenneth
Verified User
He’s virtually certain to try to transfer the case in hopes of a friendlier jury pool and the chance to draw one of his own judges.
Trump and his cohorts trial should be tried and held in state court, that's where crimes took place in Georgia?!! Also in state court they can televise the trial too?!! Even if the trial is held in federal court and the defendant's are found guilty, it's still under Georgia laws and pardons, no one can be pardon by a president?!!
One of the first big battles in the new racketeering case against Donald Trump is likely imminent: Should the former president face a jury in state or federal court?
Although the charges were filed in state court in Fulton County, Ga., Trump is sure to attempt to “remove” the case to federal court, where he would potentially have a friendlier jury pool and the chance of drawing a judge whom he appointed to the bench.
To try to get the case into federal court, Trump is expected to argue that much of the conduct he’s been charged with was undertaken in his capacity as an officer of the federal government, because he was still president during the critical period when he and his allies attempted to subvert the 2020 election results. A federal law, known as a “removal statute,” generally allows any “officer of the United States” who is prosecuted or sued in state court to transfer the case to federal court if the case stems from the officer’s governmental duties.
Trump has already attempted to make this move in New York, where he’s facing state charges for falsifying business records to cover up an affair with a porn star. A federal judge there rejected the effort and directed the case back to state court, noting that the charges there didn’t really implicate Trump’s powers as president.
“There is an ‘outer perimeter’ to a President’s authority and responsibilities beyond which he engages in private conduct,” U.S. District Judge Alvin Hellerstein ruled, sending the case back to New York state court. Trump is appealing the ruling.
But Georgia could be different: Most of the charges Trump is facing — sweeping allegations of using his office to corrupt the 2020 election — involve his presidential authorities and his efforts to manipulate the federal processes he was charged with overseeing. That makes removal a more viable option in Georgia than New York.
For Trump, taking the case federal may have several benefits. For one thing, a trial in the U.S. District Court for the Northern District of Georgia would draw from a wider jury pool than the current case sitting in Fulton County, where Trump is deeply unpopular. In addition, Trump has appointed four of the 15 judges on the Northern District of Georgia District Court bench, giving him at least a fair chance of drawing one of his own picks. (In yet another one of his criminal cases — his federal prosecution in Florida for hoarding classified documents — Trump managed to draw one of his own judicial appointees, Judge Aileen Cannon.)
https://www.politico.com/news/2023/08/15/trump-georgia-case-removal-federal-court-00111240
Trump and his cohorts trial should be tried and held in state court, that's where crimes took place in Georgia?!! Also in state court they can televise the trial too?!! Even if the trial is held in federal court and the defendant's are found guilty, it's still under Georgia laws and pardons, no one can be pardon by a president?!!
One of the first big battles in the new racketeering case against Donald Trump is likely imminent: Should the former president face a jury in state or federal court?
Although the charges were filed in state court in Fulton County, Ga., Trump is sure to attempt to “remove” the case to federal court, where he would potentially have a friendlier jury pool and the chance of drawing a judge whom he appointed to the bench.
To try to get the case into federal court, Trump is expected to argue that much of the conduct he’s been charged with was undertaken in his capacity as an officer of the federal government, because he was still president during the critical period when he and his allies attempted to subvert the 2020 election results. A federal law, known as a “removal statute,” generally allows any “officer of the United States” who is prosecuted or sued in state court to transfer the case to federal court if the case stems from the officer’s governmental duties.
Trump has already attempted to make this move in New York, where he’s facing state charges for falsifying business records to cover up an affair with a porn star. A federal judge there rejected the effort and directed the case back to state court, noting that the charges there didn’t really implicate Trump’s powers as president.
“There is an ‘outer perimeter’ to a President’s authority and responsibilities beyond which he engages in private conduct,” U.S. District Judge Alvin Hellerstein ruled, sending the case back to New York state court. Trump is appealing the ruling.
But Georgia could be different: Most of the charges Trump is facing — sweeping allegations of using his office to corrupt the 2020 election — involve his presidential authorities and his efforts to manipulate the federal processes he was charged with overseeing. That makes removal a more viable option in Georgia than New York.
For Trump, taking the case federal may have several benefits. For one thing, a trial in the U.S. District Court for the Northern District of Georgia would draw from a wider jury pool than the current case sitting in Fulton County, where Trump is deeply unpopular. In addition, Trump has appointed four of the 15 judges on the Northern District of Georgia District Court bench, giving him at least a fair chance of drawing one of his own picks. (In yet another one of his criminal cases — his federal prosecution in Florida for hoarding classified documents — Trump managed to draw one of his own judicial appointees, Judge Aileen Cannon.)
https://www.politico.com/news/2023/08/15/trump-georgia-case-removal-federal-court-00111240
