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this post was submitted on 18 Aug 2023
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Please explain how being charged with violations of state crimes gives federal jurisdiction.
https://www.msn.com/en-us/news/politics/donald-trump-is-likely-to-try-to-move-georgia-case-to-federal-court-it-could-work/ar-AA1frwme
Follow up question - what difference is that supposed to make?
It will add years to the proceedings. The Georgia case is already a mess that will take years to litigate, taking it federal will just make it worse.
Federal court also means a federal judge, who will likely throw out large chunks of the indictment, because the indictment is messy. It's political grandstanding and headline bait. There's a lot of substance in there, but it's poisoned with fluff and nonsense, and federal judges hate that shit.
That's why Jack Smith's DC indictment is such a work of legal art, because he cannot afford to play fast and loose for the headlines.
Not op (nor a lawyer) but as it was explained by an actual lawyer, there's an argument to be made that since some of the crimes were committed while president he could argue that they were done so as part of his presidential duties. If the judge agrees it could be moved to federal court.
Mark Meadows has already filled a req to remove the case to federal court since he was acting as a federal employee during all the crime-ing.
He can argue anything he wants. Presidential duty doesn't involve plotting coups against your own country, kind of the opposite really.
And before you start putting stock in Trump allies requesting things, remember the 60+ lawsuits they filed right after the election. They lost every single one, and for good reason.
I was just (somewhat poorly) answering the 'why is this even an option' question above, not trying to justify it.
Even if it does work, it changes nothing but the venue. They're still facing state charges, and it's still DA Willis and her team bringing them, it'll just be a federal judge overseeing with a slightly larger jury pool.
My point wasn't that it's a way to avoid the charges, however it will work as a delay tactic.