A Georgia judge set Sept. 18 to hear a motion by Jeffrey Clark, among the co-defendants in the sweeping election interference case against former President Donald Trump, to move his case to federal court.
Judge Steve C. Jones of U.S. District Court in Northern Georgia ruled Clark could have a hearing to contest Fulton County District Attorney Fani Willis' attempt to keep the case in state court. Clark and the other defendants, including former President Donald Trump, were indicted Aug. 14 regarding allegations of trying to subvert the state's 2020 election results.
The decision came after Clark filed a motion to prevent further court proceedings against him, including surrendering to authorities at Fulton County Jail. Clark, a former acting assistant attorney general in the Trump administration, also argued in the motion that he had immunity under the Constitution's Supremacy Clause and that prosecution of his charges could only continue in federal court.
Although Jones, a Barack Obama appointee, rejected Clark's argument to prevent further court proceedings against him – meaning Clark must surrender to authorities by Friday or face a warrant for his arrest – he did clear the way for him to challenge where the case can be tried.
"As the ongoing Fulton County criminal proceedings and forthcoming arrest warrant arise from the criminal indictment in a criminal action, Section 1455 governs," Jones ruled. "And Section 1455 specifically indicates that, until the federal court assumes jurisdiction over a state criminal case, the state court retains jurisdiction over the prosecution and the proceedings continue despite the notice of the removal."
Two other co-defendants in the case – Mark Meadows, a former White House chief of staff under Trump, and former Georgia GOP Chair David Shafer – have made similar motions to move their cases to federal court.
Meadows and Shafer have already surrendered to authorities and released on bail. Jones granted Meadows an evidentiary hearing Aug. 28 regarding his motion to move his case to federal court. A ruling on Shafer's motion has yet to be made.