A federal judge said the ‘criminal enterprise’ in the Georgia indictment operated outside the executive’s constitutional duties.
Jones cleverly pointed out: “Assuming jurisdiction over this criminal prosecution would frustrate the purpose of federal officer removal when the state charges allege — notwith constitutionally protected state actions.” That’s a bitter pill for Republicans infatuated with states’ rights.given his official job as the president’s gatekeeper, former prosecutor Joyce White Vance told me.
Meadows, who already filed notice of appeal, and other defendants will try to chew up more time asking the U.S. Court of Appeals for the 11th Circuit and ultimately the Supreme Court to reverse Jones’s decision. However, constitutional scholar Laurence H. Tribe told me, “This is a carefully reasoned opinion that I believe should be quickly upheld on appeal by the U.S. Court of Appeals even in this conservative circuit. I think the Supreme Court would almost certainly deny cert.
And let’s remember: The phony-elector scheme at issue in Georgia is also central in the federal prosecution in D.C. If U.S. District Judge Tanya S. Chutkan lines up with Jones, Trump is on a glide path to trial on federal charges on March 4 with no constitutional cover. Simply put, Trump finally might face the judgment of his peers, sitting as jurors, precisely as the rule of law requires.
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