Exploring the legal implications of moving the trial to federal court, recent arrests, Mark Meadows' removal hearing, and Cheesebrow's motion for a speedy trial. The hosts also discuss presidential pardons, false facts in court, and the interesting character of Matthew Calamari in the Trump Organization.
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Quick takeaways
Key takeaway 1: Kenneth Cheesebrow has requested a speedy trial in Fulton County, Georgia, with a trial date proposed by October 31, 2023, which challenges the state's requested trial date of March 2024.
Key takeaway 2: Jeff Clark and Mark Meadows, two key figures in the efforts to overturn the election results, have had their requests for removal to federal court denied, with Judge Steve C. Jones ruling against Clark, citing that a criminal indictment is not a civil case.
Key takeaway 3: Mark Meadows, former White House Chief of Staff, has moved his Georgia indictment to federal court, arguing that his actions were part of his job duties, but facing opposition's arguments that he violated the Hatch Act by using his federal office to help the Trump campaign.
Deep dives
The Lawyers' Speedy Trial Gambit
Kenneth Cheesebrow, a key player in the scheme to use fake electors, has requested a speedy trial in Fulton County. According to Georgia law, if the state does not begin trial within two terms of court, the defendant must be released. Cheesebrow's motion pushed for a trial date by October 31, 2023. However, DA Fawni Willis has countered by requesting a trial date in March 2024. In response, Cheesebrow's lawyers have filed a motion demanding a speedy trial and challenging the state's requested trial date. The court is yet to make a final decision.
Clark and Meadows Denied Removal to Federal Court
Jeff Clark and Mark Meadows, two key figures in the efforts to overturn the election results, have had their requests for removal to federal court denied. Judge Steve C. Jones ruled against Clark, citing that a criminal indictment is not a civil case. Meadows, who filed a motion for a speedy trial, will stand trial in October 2023, despite objections from former President Trump's lawyer, Steve Sadau. The court has set a trial date of October 23, 2023, but further developments may still occur.
Controversial Lawyer Charged in Rico Indictment
Kenneth Cheesebrow, a lawyer involved in the scheme to use fake electors to steal the election, has been charged with criminal conspiracy and violating the state's Rico Act. His lawyer, Steve Sadau, has filed a motion for a speedy trial, demanding that the trial be held by October 31, 2023. However, prosecutor Fawni Willis has requested a trial date in March 2024. Former President Trump has objected to the state's proposed trial date and intends to sever his case from Cheesebrow's. The court has yet to make a final decision on the trial dates.
Clark's Request to Ignore Federal Removal Statute Denied
In a recent court order, Judge Stephen Jugges denied Jeff Clark's request to ignore the part of the federal removal statute that mandates a hearing on the motion to remove. Clark, a former Justice Department official, had sought to prevent his arrest by filing the request, but the court declined to intervene and set a date for a hearing on the criminal removal for September 18th.
Mark Meadows' Georgia Indictment and the Hatch Act
Mark Meadows, former White House Chief of Staff, moved his Georgia indictment to federal court. While Meadows argued that his actions were part of his job duties, the opposition pointed out that he had violated the Hatch Act by using his federal office to help the Trump campaign. The Hatch Act prohibits federal employees from using their official authority or influence to affect the outcome of an election. The opposition highlighted specific instances where Meadows had engaged in impermissible political activity, including arranging phone calls and sending texts related to the Georgia election. Despite potential legal contradictions, the previous violation of the Hatch Act by other Trump officials raises questions about the consequences Meadows may face.
Today is a good day. Liz and Andrew enjoy the string of losses dealt to the Trump criminal enterprise in Fulton County, Georgia and then follow that up with some listener questions!
If you wonder why it matters whether Mark Meadows can remove the case to federal court, this show is for you! If you're curious as to why some defendants want a speedy trial while others (*cough* Donald Trump) want to wait a decade, this show is for you!
And if you just want to kick back and enjoy the criminal justice system at work, this show is definitely for you.
In the Patreon bonus, Andrew and Liz break down the law of severance and discuss whether Trump will be able to get out from his 18 cronies.