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The Guardian - US
The Guardian - US
World
Mary Yang

Mark Meadows testifies in bid to move Georgia election case to federal court

Mark Meadows on the South Lawn of the White House in October 2020.
Mark Meadows on the South Lawn of the White House in October 2020. Photograph: Patrick Semansky/AP

The sprawling 41-count indictment of Donald Trump and 18 other defendants in Fulton county had its first test on Monday as Mark Meadows, the former White House chief of staff, took the stand before a federal judge over his request to move his Georgia election interference case from state to federal court.

Meadows testified for nearly three hours before the court broke for lunch, defending his actions as Trump’s chief of staff while avoiding questions regarding whether he believed Trump won in 2020.

Meadows faces two felony charges, including racketeering and solicitation of a violation of oath by a public officer. But Meadows argued that he acted in his capacity as a federal officer and thus is entitled to immunity – and that his case should be heard before a federal judge.

Meadows swiftly filed a motion to move his case to the federal US district court of northern Georgia after Fani Willis, the Fulton county district attorney, handed down her indictment.

In a response, Willis argued that Meadows’ actions violated the Hatch Act, a federal law that prohibits government officials from using their position to influence the results of an election and were therefore outside his capacity as chief of staff.

“There was a political component to everything that we did,” testified Meadows, referring to his actions during the final weeks of the Trump administration.

He also testified that his duties involved sitting in on nearly all of Trump’s meetings, which he would help arrange with various states and agencies, according to ABC News.

“Those were challenging times, bluntly,” said Meadows, testifying about his time as Trump’s chief of staff during the pandemic and through the 2020 election, according to CNN. “I don’t know if anyone was fully prepared for that type of job.”

According to the indictment, Meadows arranged the infamous call between Trump and Brad Raffensperger, the Georgia secretary of state, where the former president asked Raffensperger to “find” enough votes to block Biden’s victory. On Monday, Meadows testified that Trump had instructed him to set up the call.

He also at one point instructed a White House aide to draft a strategy memo for “disrupting and delaying” the electoral certification process on 6 January 2021, according to the indictment. Yet Meadows denied doing that on Monday, calling it the “biggest surprise”.

When prosecutors asked Raffensperger about the federal government’s role in certifying elections, he testified that it has “none”.

Raffensperger, who was on the stand for more than an hour, also testified Trump “lost the election” and that his “outreach to that extent was extraordinary”, referring to the 2 January 2021 phone call Meadows arranged.

Kurt Hilbert, a Trump campaign attorney, also took the stand Monday and testified the purpose of the call was to discuss the campaign, challenging Meadows’ claim he acted as a federal official.

Willis subpoenaed Raffensperger, along with his office’s chief investigator Frances Watson, to testify during the Monday hearing.

Meadows was booked at the Fulton county jail after voluntarily surrendering last Thursday. He filed an emergency motion to block his arrest but a judge denied his request. Meadows was released shortly after arriving at the jail, earlier entering a $100,000 bail agreement.

Moments before Meadows’ federal court hearing, Judge Scott McAfee, who is overseeing the Fulton county election interference case, said all 19 defendants would be arraigned on 6 September in 15-minute increments. Meadows is set to be arraigned at 10.30am local time, following Trump, Rudy Giuliani, John Eastman and Sidney Powell.

Three other defendants have filed motions to remove their cases from Fulton county. Jeffrey Clark, a former justice department official, along with Georgia fake electors David Shafer, Shawn Still and Cathy Latham, are each seeking to move their cases to federal court.

Trump is expected to file a similar request in the coming weeks.

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