What if Trump asks to move the Georgia case to federal court?
Interesting discussions on this all over. He tried this in the NYC case unsuccessfully, because judge ruled his accused actions were not part of his federal officer responsibility. In Georgia, the argument is stronger, though it will be argued against him that he had no official duties related to the electoral college and so his accused
actions were personal, not official. This debate could go all the way up to the Supreme Court.
As I understand it, here's the effects if he can get the trial (for him, various of the other defendants don't even have an argument to federalize the trial) moved to federal court in Georgia. There would be a different (federal, not state) judge. The jury pool would be larger and presumably more favorable to Trump outside Fulton County. He has a chance of getting a judge he appointed (less than 50%).
Unlike in state court, the trial would almost certainly not be televised. Prosecution team would likely be the same as in state court. If convicted, he would still not be subject to presidential pardon on state charges, or by the Georgia governor. Nor could DOJ
apparently end the proceedings related to state charges, even if the trial has moved to federal court.
That's how I grasp it currently. -L
I don't see how a federal court can conduct a trial that's the state bringing criminal charges against a defendant under state laws.
And the DOJ website seems to confirm that:
"Criminal cases may not be brought under diversity jurisdiction. States may only bring criminal prosecutions in state courts, and the federal government may only bring criminal prosecutions in federal court. "
@volkris A specific law comes into play regarding federal officers: https://www.law.cornell.edu/uscode/text/28/1442
Oh wow!
That's bizarre to me, and I wonder how it plays out in practice.
It sounds like it takes laws designed to operate under state court rules and has them adjudicated under federal court rules, like taking a sports team and throwing it into a different sport.
