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What the judge will be considering
US law allows defendants in state civil suits or criminal cases to seek to move those proceedings to federal court if those defendants face charges based on conduct they carried out “under color” of the federal government.
While such proceedings are not uncommon in civil lawsuits against current and former federal officials, they are extremely rare in criminal cases, legal experts told CNN, meaning Jones will be navigating in uncertain legal territory.
“This is just that rare case where there is just not a lot of law,” Vladeck said.
Meadows is arguing that under the Constitution’s Supremacy Clause, the federal court should dismiss the charges against him, because the conduct underlying the charges was conducted as part of his duties as a close White House adviser to Trump.
“If Mr. Meadows had absented himself from Oval Office meetings or refused to arrange meetings or calls between the President and governmental leaders, that would have affected his ability to provide the close and confidential advice that a Chief of Staff is supposed to provide,” Meadows’ lawyers wrote in a court filing.
