前白宫办公厅主任马克·梅多斯周二正式提出动议对他提起诉讼就在一天前,他与前总统唐纳德·特朗普和其他17人一起被起诉,罪名是试图推翻特朗普在该州的选举失利。
梅多斯的律师乔治·特威利格(George Terwilliger)和亚特兰大的律师约瑟夫·恩格勒特(Joseph Englert)提交的文件是基于一项联邦法律,他们认为,当有人因涉嫌作为联邦官员“以其办公室的名义”采取行动而受到指控时,需要将州法院提起的刑事诉讼转移到联邦法院系统。
据知情人士透露,特朗普预计也会做出类似的努力。
“起诉书中指控梅多斯先生所做的事情本身都不算犯罪:安排椭圆形办公室会议,代表总统联系州政府官员,参观州政府大楼,以及为总统设置电话,”特威利格在文件中写道。“人们会认为美国总统的幕僚长会做这种事情。”
2020年10月21日,华盛顿白宫外,白宫办公厅主任马克·梅多斯在接受电视采访后对记者发表讲话。
亚历山大·德拉戈/路透社
“这正是美国宪法最高条款禁止的那种国家干预联邦官员职责的行为,也是免职法所保护的,”Terwilliger写道。
Terwilliger在文件中还表示,虽然梅多斯打算提出动议,完全驳回起诉,但将案件移交联邦法院将“停止州法院对梅多斯先生的诉讼。”
记者无法立即联系到梅多斯置评。
根据前总统巴拉克·奥巴马任命的地区法官史蒂夫·琼斯的法庭记录,他被指派审理梅多斯的案件。
Mark Meadows seeks to move Fulton County election case to federal court
Former White House Chief of Staff Mark Meadows officially filed Tuesday to move the casebrought against himby Fulton County District Attorney Fani Willis into federal court, just a day after he was indicted along with former President Donald Trump and 17 others on charges of attempting to overturn Trump's election loss in the state.
The filing from Meadows' attorney George Terwilliger and Atlanta-based attorney Joseph Englert is based on a federal law that they argue requires the removal of criminal proceedings brought in state court to the federal court system when someone is charged for actions they allegedly took as a federal official acting "under color" of their office.
Trump is also expected to mount a similar effort, according to sources familiar with the matter.
"Nothing Mr. Meadows is alleged in the indictment to have done is criminal per se: arranging Oval Office meetings, contacting state officials on the President's behalf, visiting a state government building, and setting up a phone call for the President," Terwilliger wrote in the filing. "One would expect a Chief of Staff to the President of the United States to do these sorts of things."
"This is precisely the kind of state interference in a federal official's duties that the Supremacy Clause of the U.S. Constitution prohibits, and that the removal statute shields against," Terwilliger wrote.
Terwilliger additionally says in the filing that while Meadows intends to file a motion to dismiss the indictment entirely, removing the case into federal court would "halt the state-court proceedings against Mr. Meadows."
Meadows could not immediately be reached for comment.
District Judge Steve Jones, an appointee of former President Barack Obama, has been assigned to Meadows' case, according to his court docket.