The Question of Removal

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4.7 • 6.4K Ratings

🗓️ 15 September 2023

⏱️ 56 minutes

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Summary

The question of whether the Fulton County trial of Donald Trump and his co-defendants will be removed to federal court is now before the Eleventh Circuit Court of Appeals, and it's on its way to the Supreme Court. Judge Steve Jones of the District Court in the Northern District of Georgia denied Mark Meadows’ motion for removal. He has now also denied an emergency stay of that ruling, and so the question goes to the appeals court in the federal system, even as the underlying criminal case percolates along in Fulton County court in Georgia.

To discuss it all, Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Legal Fellow Anna Bower, Lawfare Senior Editor Alan Rozenshtein, and Lee Kovarsky of the University of Texas Law School, who recently wrote a piece on the subject for Lawfare. They talked about the right standard for removal and whether Meadows should be yanked out of Fulton County court, what the Eleventh Circuit and the Supreme Court are likely to do with it, how long they are going to take, and whether the federal litigation will screw up the timing of the Fulton County prosecution.

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0:00.0	The following podcast contains advertising to access an ad-free version of the LawFair
0:07.2	podcast become a material supporter of LawFair at patreon.com slash LawFair, that's patreon.com slash
0:16.9	LawFair. Also check out LawFair's other podcast offerings, rational security, chatter, LawFair
0:25.6	no bull and the aftermath. For conduct to be under color of office, it at least has to be the
0:38.3	case that the federal official believes they are exercising the power of that office. And in this
0:45.5	particular case, I think that's causing a lot of problems for meadows and it will for Trump.
0:52.7	I'm Benjamin Wittis and this is the LawFair podcast September 15th, 2023.
1:00.8	The question of whether the Fulton County trial of Donald Trump and his co-defendants will be
1:07.9	removed to federal court is now before the 11th Circuit Court of Appeals and it's on its way to
1:15.5	the Supreme Court. Judge Steve Jones of the district court in the Northern District of Georgia
1:23.5	denied Mark Meadows motion for removal. He has now also denied an emergency stay of that ruling
1:31.3	and so the question goes to the appeals court in the federal system even as the underlying
1:38.3	criminal case percolates along in Fulton County Court in Georgia. To discuss it all, we gathered
1:46.5	in the virtual jungle studio LawFair's Anna Bauer legal fellow, senior editor Alan Rosenstein
1:55.9	and Lee Kovarski of the University of Texas Law School who wrote an excellent piece on the subject
2:04.1	for LawFair. We talked about it all. What's the right standard for removal and should Meadows case
2:12.3	be yanked out of Fulton County Court? What is the 11th Circuit and the Supreme Court likely to do
2:20.1	with it? How long are they going to take and will the federal litigation screw up the timing
2:27.3	of the Fulton County prosecution? It's the LawFair podcast September 15th. The question of removal.
2:38.5	Okay, so let's start to orient people who don't know what the heck we're talking about
2:46.0	and who have heard removal for the first time in the context of these proceedings. Anna, give us
2:54.6	a little bit of background. What is removal and why are we all talking about it and what is the
	...

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