Ex-president faces years of prison if convicted in Fulton county, but if case is moved to federal court it might result in dismissal of charges
Monday night
if Willis gets her way. A Georgia trial could provide Americans with their sole opportunity to see one of the criminal cases against Trump play out in real time, as state law generally requires cameras to be permitted inside courtrooms to cover judicial proceedings. That policy, a stark contrast to rules for federal courtrooms – unless Trump succeeds at moving the case by invoking the federal officer removal statute.
If Trump’s motion is successful, the case could continue in federal court, but Segall warned that such a ruling might ultimately result in a dismissal of the charges. “The evidence overwhelmingly suggests that the matter was a purely a personal item of the President – a cover-up of an embarrassing event,” Hellerstein wrote in. “Hush money paid to an adult film star is not related to a President’s official acts. It does not reflect in any way the color of the President’s official duties.”
“Removal of cases from state court to federal court is something that is a more typical process in the civil arena. The rules of civil procedure do allow that with much more liberality than in the criminal arena,” Carlson said. “So in criminal cases, the presumption is that, if it’s a Georgia charge, it’ll be tried in a Georgia court.”
Much will be riding on Trump’s ability to remove the case to federal court. The racketeering charge filed against Trump carries a sentence of five to 20 years in prison. If Trump were convicted in Georgia, he could not pardoned by a sympathetic president because the charges were filed at the state level. In Georgia, the governor does not even have the power to issue pardons, as that duty lies with the state’s board of pardons and paroles.
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