A federal judge has ordered a second evidentiary hearing for removal of the Fulton County case against former President Donald Trump and 18 others over violating Georgia’s Racketeer Influenced and Corrupt Organizations (RICO) Act in their challenge of the 2020 election results.
Fulton County District Attorney Fani Willis, who is prosecuting the case, claimed the actions constituted a “criminal racketeering enterprise” and gave the 19 defendants until noon on Aug. 25 to surrender or face arrest. All defendants surrendered before the deadline.
Jeffrey Clark, former Justice Department (DOJ) official, filed a notice of removal on Aug. 21, requesting that his case be moved from state to federal court, where he is expecting the charges to be dismissed. A request to expedite the process before the arrest deadline was denied by Judge
Steve Jones of the U.S. District Court for the Northern District of Georgia, who will oversee the hearings related to removals.
The hearing will take place Monday, Sept. 18, and the district attorney’s office has until Sept. 5 to file a response.
The indictment accuses Mr. Clark of violating the RICO Act as well as allegedly making a false statement when he issued a DOJ statement alerting Georgia officials to election fraud concerns. He is arguing that he acted as a federal official, and thus “asserts federal jurisdiction” in the case.
“The Court now must determine if it clearly lacks subject matter jurisdiction over Clark’s removal action, which would require summary remand,” Judge Jones wrote, adding that he is not commenting on the assertions at this time but expects to hear arguments from both sides at the Sept. 18 hearing. (Read more: The Epoch Times, 8/25/2023) (Archive)