Mark Meadows received unwelcome news Monday in his appeal to move his election interference case in Georgia to the federal court.
The three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit scheduled to hear his oral arguments will be comprised of two Democrat appointees and one Republican appointee – bad news for Meadows, who undoubtedly hoped for a better ideological composition in an appeals court considered fairly conservative.
The former chief of staff to President Donald Trump seeks to move the Fulton County, Georgia, indictment against him to federal court, citing a federal law known as a removal statute that allows an “officer of the United States” facing charges in state court to transfer the proceedings to federal court if the alleged behavior falls under their governmental duties.
Meadows’ attorneys argued he had the right to remove his case to federal court because the “conduct giving rise to the charges in the indictment all occurred during his tenure and as part of his service as Chief of Staff.”
Fulton County District Attorney Fani Willis charged Meadows with two counts in a 41-count indictment that named himself, former President Donald Trump, and 17 others. Meadows is being charged under Georgia’s Racketeer Influenced and Corrupt Organizations Act (RICO) statute for allegedly soliciting an official to violate his oath of office.
Willis pointed to Meadows’ involvement in setting up calls between Trump and various state legislators as evidence of his alleged violation of state law.
In September, a federal judge denied Meadows’ request, leading to his appeal.
The hearing decision is likely to be in early to mid-January, which would give little time for any appeal to reach the U.S. Supreme Court before it sets its agenda for the year.
Regardless, with the Iowa caucuses set for January 15, the case appears on a glide path to coincide with the heart of election season.
The case is Georgia v. Meadows, No. 23-12958 in the U.S. Court of Appeals for the Eleventh Circuit.
Bradley Jaye is Capitol Hill Correspondent for Breitbart News. Follow him on X/Twitter at @BradleyAJaye.