Mark Meadows in a police booking mugshot released by the Fulton County Sheriff’s Office.
Fulton County Sheriff’s Office | via Reuters
Mark Meadows has failed to indicate he can “carry the heavy burden” required to pause a judge’s order rejecting his bid to maneuver his Georgia criminal election interference case to federal court, Atlanta’s district attorney argued Tuesday.
“Removed from making a powerful showing that he’s more likely to succeed on the merits in his appeal, the defendant has not actually made any showing,” District Attorney Fani Willis argued in a filing in federal court in Atlanta.
Meadows, 64, former President Donald Trump’s chief of staff, is in search of to maneuver the state-level case to federal court even after U.S. District Judge Steve Jones denied his initial request last week.
On Monday, Meadows’ attorneys asked Jones to remain his own ruling pending an appeal in a federal appellate court. They argued that with no stay, Meadows may very well be “irreparably injured” as his prosecution barrels ahead in Fulton County Superior Court.
The prosecutor, on Tuesday, urged Jones to disclaim the motion for a stay, arguing that Meadows has not shown he’s more likely to prevail in an appeal.
“His arguments are overbroad and don’t actually address the careful reasoning employed by the Court in its Remand Order. He thus has presented no basis to conclude that he is probably going to reach his appeal, and the primary factor cuts against him,” Willis wrote.
Meadows’ arguments try and “talk around” the federal judge’s reasoning and fail to cite “any pertinent public interest weighing in his favor,” the DA wrote.
Meadows and Trump are two of the 19 co-defendants in Willis’ sweeping case, which alleges an illegal conspiracy to attempt to overturn Trump’s loss to President Joe Biden in Georgia’s 2020 presidential election. Meadows is charged with one count each of violating Georgia’s racketeering law and solicitation of violation of oath by a public officer. Meadows, Trump and their co-defendants have all pleaded not guilty.
Multiple other co-defendants are also attempting to maneuver their prosecution out of Fulton County, whose residents voted overwhelmingly for Biden in 2020. Trump’s attorneys said in a court filing last week that they, too, may seek a transfer.
The previous White House chief of staff is pushing forward along with his try and stay Jones’ ruling. In an “emergency motion” filed Monday afternoon within the U.S. Court of Appeals for the eleventh Circuit, Meadows’ attorneys wrote that the lower court and Jones “egregiously erred” in rejecting the request for a stay.
“At a minimum, the Court should stay the Remand Order to guard Meadows from a conviction pending appeal,” the previous White House chief’s lawyers wrote.
They pointed to the Oct. 23 trial date that Fulton County Superior Judge Scott McAfee has set for 2 of the 19 co-defendants within the Georgia election case.
“Absent a stay, the State will proceed in search of to try Meadows in 42 days,” they argued. “If the State gets its way, Meadows may very well be forced to face trial, be convicted, and be incarcerated, all before the usual timeline for a federal appeal would play out.”
The appeals court has ordered Georgia prosecutors to answer Meadows’ motion by noon on Wednesday.
