ATLANTA — Former President Donald Trump filed paperwork Thursday notifying the court that “he may seek removal of his prosecution to federal court.”
Several of the defendants indicted in the Georgia election investigation have already filed to have their cases removed to federal court, but many believe that Trump would be one of the few who has a real chance of having his case moved.
Shortly after the indictment was handed up, Georgia State University law professor Clark Cunningham told Channel 2′s Richard Elliot that he fully expected Trump to do this.
“As a former president, because the acts for which he would be prosecuted took place while he was still president, federal law would allow him to ask for his trial to be moved to federal court, called removal,” Cunningham said.
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This could be attractive to Trump since in all likelihood, he could find a friendlier jury pool than one pulled from Fulton County, a county and Congressional district he’s insulted numerous times over the years.
Plus, he might draw a federal judge that he appointed.
If Trump’s trial were moved, Cunningham believes the trial for all 18 of Trump’s co-defendants would move to federal court, too.
Willis could and would probably fight the move, prompting a series of appeals through the federal system, all before the criminal trial could even begin.
“If the district attorney wants to fight that, so it’s called, that’s removal, you ask for a remand. That fight will last for months and could easily go up to the U.S. Supreme Court and delay everything,” Cunningham said.
According to the filing, Trump has 30 days from arraignment to file his removal request. He filed his not-guilty plea on Aug. 31.
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