ATLANTA — Two more defendants are trying to have their cases in the Georgia 2020 election RICO case moved to federal court, filings show.
David Shafer, the former Georgia Republican Party chairman, and Jeffrey Clark, a Justice Department official in 2020 who championed election fraud claims within the government, have both motioned for removal to federal court.
Their maneuvers follow on former White House chief of Staff Mark Meadows, who made a similar filing this week claiming that his actions following the 2020 election were protected under the U.S. Constitution's supremacy clause, which says states may not impede or interfere with the actions of federal executive officials.
RELATED: Mark Meadows wants Georgia 2020 election charges dismissed, argues he's immune from prosecution
Clark's filing argues he "plainly" should have his case moved to federal court because "he was a high-ranking U.S. Justice Department official at all relevant times applicable to the Fulton County Action and the allegations therein relate directly to his work at the Justice Department as well as with the former President of the United States."
Shafer's argument is more complicated. He was not a federal or even state official, but as state GOP chairman he was among the people who would have served as presidential electors for Trump had he won Georgia. When Trump lost, Shafer is alleged to have helped organize the scheme to submit illegitimate Electoral College votes for him anyway.
Shafer and others who submitted as "alternate" electors have claimed they were doing so as a legitimate contingency in the event any of Trump's lawsuits that sought to overturn Georgia's election result succeeded.
In saying his case should be moved to federal court, Shafer argues his charges stem "directly from his service as a Presidential Elector nominee acting under the authority of the Constitution and the Electoral Count Act... and at the direction of the President and other federal officers."
University of Georgia law professor John Meixner told 11Alive's Jerry Carnes this week that there has been mixed results in past cases where federal officials charged with crimes have claimed federal immunity.
Meixner said the defendants would have to prove the acts that led to criminal charges were part of their duties as federal officials.
“Other federal officials have raised this defense before, sometimes successfully, sometimes not, though it is relatively rare,” he said. “Meadows was at least arguably following orders as a chief of staff, while Trump’s role in campaigning might be considered outside his duties as president.”
It is largely expected that former President Trump will also file to have his case moved to federal court.