September 7, 2023
Former President Trump *may* try to move his Georgia RICO criminal case to the federal court system.
His lawyer just filed this three sentence notice in Georgia state court.
The first line says “President Trump hearby notifies the court that he may seek removal of his prosecution to federal court.”
So why would he want to move his state RICO case to federal court?
Well, first, he would get a much wider and possibly more favorable jury pool. If it stays in state court, his jury pool would be limited to Fulton County which overwhelmingly voted against him in the last election.
It’s also possible if the case is moved, Trump may find himself in front of a judge he appointed. While he was President he appointed four of the 15 judges currently serving in the northern district of Georgia, where this case would go.
And – another big reason is the process of trying to move this case will delay these proceedings. The arguments could drag on for at least a year. Which is a far cry from the quick trial date the Fulton County district attorney wants to see.
What it does not do – according to legal experts – is allow for a presidential pardon. So if Trump does decide to move his case to federal court, that means DA Fani Willis and her team will still be prosecuting the case and Trump will still be facing state charges. So no President has the power to pardon that conviction – if it happens. And Georgia state law says governor cannot pardon it either. In Georgia only the State Board of Pardons and Paroles can pardon someone and in most cases – a pardon can only happen after a sentence has been completed.
Now, Trump’s formal notice of removal to federal court – if – he pursues it, must be filed by the end of September.
Read the filing by Trump’s lawyer here.
