A federal judge who rejected efforts by former Trump White House chief of staff Mark Meadows to move his charges in the Georgia election subversion case to federal court is set to hear arguments from former Justice Department official Jeffrey Clark on the same issue.
The indictment says Clark wrote a letter after the November 2020 election that said the Justice Department had “identified significant concerns that may have impacted the outcome of the election in multiple States, including the State of Georgia” and asked top department officials to sign it and send it to Georgia Gov. Brian Kemp and state legislative leaders. Clark knew at the time that that statement was false, the indictment alleges.
“Indeed, the State has no authority whatsoever to criminalize advice given to the President by a senior Justice Department official concerning U.S. Department of Justice law enforcement policy based on a County District Attorney’s disagreement with the substance or development of that advice,” Clark’s lawyers wrote.
Prosecutors argued that Clark’s two roles gave him no authority over elections or criminal investigations. The law allowing federal officers to move a case to federal court “is designed to protect legitimate federal authority from state and local interference, not to afford a federal forum to individuals who blatantly sought to misuse the weight of federal authority to interfere with matters of state control,” prosecutors wrote.
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