CNN legal analyst Elie Honig surprised few when months ago, he predicted the indictment of former President Donald Trump in Georgia.
“I fully expect there will be charges filed against Trump based on the evidence I’ve seen, and based on the aggressive nature of Fani Willis, the Fulton County District Attorney,” Honig said.
Honig believes that Trump’s phone call to Georgia Secretary of State Brad Raffensperger played a pivotal role in Willis’s decision to indict the former president. During this call, Trump reportedly pressured Raffensperger to “find” enough votes to overturn the 2020 election results in Georgia.
On Wednesday, the CNN legal analyst predicted that Trump’s former chief of staff, Mark Meadows, who was also indicted by Willis and named as a co-conspirator, could avoid being prosecuted in a Georgia State Court by claiming the Supremacy Clause.
The Supremacy Clause allows federal employees to move their cases to a federal court if the charges pertain to acts associated with their regular duties as federal officers.
Moving his case to a federal court positions Meadows to be eligible for a pardon — something not possible if convicted in a state court.
Willis has indicated she is not inclined to allow Meadows to move his case to a federal court, saying she will move ahead with prosecuting the case and will not be “granting any extensions” to his Aug. 28 court hearing.
Trump has alleged that Willis is guilty of political bias and that the Department of Justice (DOJ) has strategically scheduled indictments and court hearings to counter negative headlines pertaining to Hunter and President Biden.
Trump noted that Willis’ scheduling a trial date the day before “Super Tuesday” in the election cycle also evidences her political bias in the case.
The Daily Caller reported that Honig said: “So Meadows, Jeffrey Clark, and probably at some point Donald Trump will argue ‘we were federal officials acting within the scope of our federal jobs, therefore, the case should be moved over to a federal court.’ That will be heard, It’s in the process of being heard and decided by the federal court. It will take weeks.”
Regarding Meadow’s initial court hearing, Honig said: “What Meadows is asking here [a deferment of his Aug. 28 court hearing] … I think he has no shot on. [If he says] ‘judge … I want you to pause my surrender date, give me extra time to surrender.’”
Honig continued: “I don’t think there’s much chance that a federal judge is going to get involved in that level of micromanaging the logistics and nuances of when a person surrenders. I think the federal judge will say I’m gonna hear your case, I’m gonna hear your briefing, and I’m going to rule but I’m not going to get involved in who surrenders when down in Fulton County.”
Willis has charged Meadows with “solicitation of violation of oath by a public officer,” citing his work to schedule a call between the former president and Secretary of State Brad Raffensperger.
Meadows maintains that kind of work falls within his normal duties as chief of staff and is thus protected under the Supremacy Clause.
Honig acknowledged that Meadows could have a strong case if he argues that “as chief of staff … [I am often] arranging meetings, I’m arranging phone calls, I’m visiting the states. I’m doing what the president tells me to do.”
RTM previously reported that former President Trump is facing 91 charges and has pleaded not guilty.
The latest 98-page indictment implicates Trump, Rudy Giuliani, Mark Meadows, Jeffrey Clark and 15 others.
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