Attorney Schoen to Newsmax: Trump Case Should Be in Federal Court

David Schoen (Getty Images)

By    |   Wednesday, 23 August 2023 10:18 AM EDT ET

Former President Donald Trump's lawyers should request that the 2020 presidential election trial in Georgia be moved to federal court, attorney David Schoen told Newsmax on Wednesday.

Schoen, who represented Trump in the then-president's second impeachment trial, appeared on "Wake Up America" to discuss the case brought by Fulton County District Attorney Fani Willis, who indicted Trump and 18 others for their alleged efforts to overturn the 2020 election results in Georgia.

"What I'm hoping happens is that his lawyers kind of wake up and file a motion to remove the case to federal court," Schoen said. "I don't know why that hasn't happened. [Former chief of staff] Mark Meadows has done it. [Former Justice Department official] Jeffrey Clark is doing it. It's very important and it applies to President Trump, in my view, at least, the most of any defendant.

"And the 11th Circuit, where this case would go to federal court in Atlanta, the 11th Circuit Court of Appeals sits over that, they have a rather broad standard for under this … removal statute. I'd like to see them litigate that."

Schoen was told that former New Jersey Gov. Chris Christie, whose goal is to derail Trump's 2024 presidential candidacy, said he would have prosecuted only two of the four criminal cases currently involving Trump.

"I don't think anyone should ... any fair prosecutor should have criminally prosecuted any of these cases," Schoen said. "They have weaponized the Department of Justice and now the state prosecutors for political partisan reasons."

Schoen also said that Trump needing to post $200,000 bail in Georgia was all "politics."

"The standard under Georgia law is basically a four-prong test," Schoen said. "Does he pose a flight risk, a danger to the community. He'll have to agree not to commit a felony and he can't intimidate witnesses.

"There's no reason for this to be secured by $200,000 other than, sort of, to try to mock him. It's absurd. They need a Superior Court judge to sign off on the bail, bit it should have been without this kind of financial requirement."

Schoen, who also has represented former Trump adviser Steve Bannon, said the case in Georgia should be televised.

"If the judge really intends to go forward with this multi-defendant case, which would be in and of itself a complete circus, then I think it really would border on ridiculous," Schoen told Newsmax. "You're going to see lawyer after lawyer, with ego after ego trying to play to the cameras.

"On the other hand, I do think it's very important. This is a matter of great public interest. We need transparency in this case all the way through, and we haven't seen it from the government."

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Former President Donald Trump's lawyers should request that the 2020 presidential election trial in Georgia be moved to federal court, attorney David Schoen told Newsmax on Wednesday.
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Wednesday, 23 August 2023 10:18 AM
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