Mark Meadows
Mark MeadowsReuters

Former Trump White House chief of staff Mark Meadows is seeking to move the Fulton County, Georgia, prosecution against him to federal court so that he can try to get the case dismissed under federal law, CNN reported on Tuesday.

Meadows argued in a new court filing submitted in the US District Court of the Northern District of Georgia that he is entitled to bring a federal immunity defense because the Georgia state charges against him stem from his conduct as Trump’s chief of staff.

Meadows was among 19 defendants, including Trump, who were charged on Monday night in the Georgia 2020 election subversion case.

Trump, who faces 13 charges, is also expected to try to move the case to federal court, according to multiple sources familiar with the legal team’s thinking.

The law says that criminal actions brought in state court may be “removed” to federal court if the prosecution relates to conduct performed “under color” of a US office or agency.

Meadows said he intends to submit at a “later date” a more comprehensive request laying out why the case against him should be dismissed under federal law. In the meantime, Meadows argued that the federal court should move the charges out of state court, and into federal court, effectively halting the state-level proceedings against him.

Willis charged Meadows with violating Georgia’s anti-racketeering act known as the Racketeer Influenced and Corrupt Organizations Act, or RICO, and with soliciting a public official to violate their oath.

The Fulton County grand jury indictment followed a two-year investigation ignited by a January 2021 phone call in which Trump was heard asking Georgia’s Republican secretary of state to help him “find 11,780 votes” needed to reverse his narrow loss to Joe Biden.

The indictment was returned on Monday night after a document listing criminal charges against the former President was briefly posted online and then abruptly taken down.