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Understood...but...It’s federal officer removal under 28 USC 1442. It stems from federalism and supremacy clause origins but basically the idea is that where a state action (civil or criminal) against a federal “officer” arises from conduct taken “under the color of federal authority” and implicates a “colorable federal defense”, the case goes to federal court. The idea is that authorized federal conduct isn’t subject to state regulation - and a state cannot intervene or otherwise prosecute acts undertaken in the performance of federal duties.
The first case on this idea was McCullough v. Maryland, which many people remember from civics class, but a more common application relates to law enforcement. For example, if am FBI agent shoots a suspect during the course of a federal investigation, and the state in which it happens tries to charge the agent with a crime, the agent can remove the case to federal court and have the federal judge decide whether the agent has a federal defense to the charges - namely that the agent’s federal authority immunizes the agent from state prosecution.
It doesn’t matter that the charges arise under state law, what matters is whether the conduct at issue is under the authority of federal law and that authority gives the federal officer a defense.
Meadows won’t be the only one who does this. And the question for the federal court will be whether these acts were undertaken under the color of federal office or whether they were purely in the interest of Trump’s re-election, which was not an exercise under their federal office.
For some of the defendants, this is a closer call than for others. Georgia will challenge the removal with a motion for remand and the federal judge assigned to the case will have to decide. Note that even if the federal court “keeps” the case, the prosecution can still go forward to jury trial on the same charges - only that the jury will be drawn from the entire federal district and not only from Fulton County.
does that cover them if those actions are completely illegal i.e. a military subordinate following an illegal order? Meadows actions are not sanctioned by Federal Law and he hasn't been charged, yet, by the DoJ. My belief is that his actions cannot be defined as "under the color of federal authority" because they were coloring in a different book.It’s federal officer removal under 28 USC 1442. It stems from federalism and supremacy clause origins but basically the idea is that where a state action (civil or criminal) against a federal “officer” arises from conduct taken “under the color of federal authority"
@MT15 are you using the app or the website? Changing the "x" to "twitter" in the link should still work.
We need a prize pool for this.Leaving for most of the day here in a bit - will update tonight. I can’t wait to see the actual numbers, lol.
Understood...but...
does that cover them if those actions are completely illegal i.e. a military subordinate following an illegal order? Meadows actions are not sanctioned by Federal Law and he hasn't been charged, yet, by the DoJ. My belief is that his actions cannot be defined as "under the color of federal authority" because they were coloring in a different book.