“Mr. Meadows has the right to remove this matter,” Meadows’ team wrote Tuesday, referring to the legal term, “removal,” used to designate the transfer of a case from state to federal court. “The conduct giving rise to the charges in the indictment all occurred during his tenure and as part of his service as Chief of Staff.”
Meadows is the first defendant to try to take the case federal, but others — including Trump — are expected to follow suit. A federal law, known as a “removal statute,” generally allows an “officer of the United States” facing charges in state court to transfer the proceedings to federal court if the alleged behavior falls under their governmental duties.
Some legal experts have argued that transfer in these circumstances is not appropriate because interfering with the results of an election does not count as conduct falling within an officer’s official duties.
Meadows filed his motion in the U.S. District Court for the Northern District of Georgia, where his request was assigned to Judge Steve Jones, an Obama appointee.