Benzinga - by AJ Fabino, Benzinga Staff Writer.
Former White House Chief of Staff Mark Meadows is making a legal bid to move the case to federal court.
The hearing, slated to take place in Atlanta on Monday, Aug. 28, marks a pivotal moment for Fulton County District Attorney Fani Willis’s prosecution against former President Donald Trump. It is the first instance that opens up the floor for arguments from both sides before a judge.
Meadows’ seeks to transfer the case from Georgia’s state court system, according to Politico. Since Meadows was a federal official at the time, he argues that he’s immune from state-level charges, relying on the supremacy clause of the U.S. Constitution.
His argument aligns with the controversial "unitary executive theory," arguing that state elections fall under federal purview.
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Moving the case to federal court has implications beyond jurisdictional squabbles. Federal law would allow Trump, if elected President in 2024, to pardon himself, an option not available in state court. Besides, federal rules would apply, and some defendants might see advantages in a federal setting, as opposed to a more localized — and presumably less sympathetic — jury in Fulton County.
Meadows Is Not Immune, Critics Say Critics argue that Meadows and others are not immune. The "Hatch Act," they say, prohibits federal employees from engaging in political activity as part of their official duties. Willis’ team maintains that Trump and his allies were acting politically, not in their official capacities.
As legal proceeding continue to develop, companies tied to Trump’s political fortunes, like Digital World Acquisition Corp (NASDAQ:DWAC), and the MAGA-oriented Point Bridge America First ETF (BATS:MAGA) could see volatility depending on the case’s trajectory.
Whatever the outcome, the hearing serves as a litmus test for what's to come in the legal tussles involving Trump and his allies, setting the stage for a landmark case that could redefine the balance between state and federal powers in prosecuting elected officials.
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