Mark Meadows, former chief of staff to Donald Trump from 2020 to 2021, has lost his attempt to transfer Arizona's fake elector case to federal court. The U.S. District Court for the District of Arizona ruled that Meadows missed the 30-day statutory deadline for removal.
While there is a “good cause” exception under 18 USC §1442 allowing courts to excuse late filings, Meadows failed to sufficiently justify his 18-day delay, the court said. He claimed he delayed filing the notice in an attempt to convince Arizona officials not to pursue charges and was also awaiting the U.S. Supreme Court’s decision on presidential immunity in Trump v. United States. However, neither reason satisfied the court, according to Judge John J. Tuchi.
Even if his filing had been timely, Meadows’ removal request would have failed on substantive grounds. The judge ruled that Meadows could not demonstrate that the state's charges were connected to his former role as White House chief of staff. To successfully remove the case, Meadows needed to show that he was a federal officer acting under the authority of federal office and that there was a causal link between his alleged actions and his official duties.
Meadows is accused of collaborating with Republican operatives in Arizona to overturn the 2020 election results. He argued that his involvement in facilitating communication with Trump regarding the election was part of his official responsibilities. However, Judge Tuchi rejected this defense, stating that Meadows’ interpretation of the indictment distorted its core. According to the judge, the state did not indict Meadows for merely facilitating communications, but for allegedly coordinating an illegal election scheme.
Judge Tuchi emphasized that criminal charges against a federal officer inevitably involve their awareness of events. However, federal jurisdiction cannot be based on vague generalities but must focus on the specific allegations in the indictment.
Meadows, indicted on nine felony counts in Arizona in April 2024 along with 17 others, faces similar charges in Georgia. His attempt to remove Georgia’s case to federal court also failed. Meadows' legal counsel has yet to provide a comment.
