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'The context is what matters' | Experts look at chance Georgia Trump case will move to federal court

The former President has indicated he won't attend any of the debates involving Republican candidates

ATLANTA — Donald Trump will skip Wednesday night’s debate among Republican candidates for president just hours before he is scheduled to turn himself in at the Fulton County jail on 13 criminal charges.

Joseph Watson, a UGA professor of public affairs communications says while Trump won’t be at the debate, his criminal charges will be a major topic of conversation.

“I think it’s been said that he will be present at the debate whether he’s physically there or not,” said Watson.

RELATED: Donald Trump's bond in Georgia 2020 election case is set. Here's what we know

Watson said that with Trump’s considerable lead over the other Republican candidates in the polls, debates are not as important. Even if Trump were to take the stage, Watson says he would be limited in what he could say in his defense concerning his legal troubles.

“If he says something about the judge, he could be subject to a gag order,” said Watson. “He could ultimately be held in contempt.”

The former president made the announcement on his social media platform Truth Social that he will turn himself in to Fulton County authorities on Thursday. On Monday, his attorneys negotiated a bond of $200,000. The conditions of his release is that he not threaten any of his 18 co-defendants or witnesses. That includes posts on social media.

Bond has been set for four of Trump’s co-defendants. The amount ranges from $10,000 to $100,000.

Experts on maneuver to get case to federal court

Meanwhile, no word yet on whether Trump will join his former chief of staff in an effort to get state charges dismissed by a federal judge.

Mark Meadows is claiming immunity under the U.S. Constitution’s supremacy clause, which says states may not impede or interfere with the actions of federal executive officials.

The former chief of staff claims he’s been charged criminally with acts that were part of his job.

“The trick is, sure, those actions are part of the job of chief of staff, but the context is what matters,” said former federal prosecutor and Georgia State University Law Professor Caren Meyers Morrison.

Morrison believes Trump will eventually go the same route. Co-defendants David Shafer and Jeffrey Clark have also asked a federal judge to take their cases out of state court.

University of Georgia law professor John Meixner says 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,” said Meixner. “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.”

Authorities at the Fulton County Jail are preparing for Mr. Trump’s Thursday arrival. Reporters are being kept across the street from the main entrance, and authorities will clear an area of a separate entrance at noon Wednesday. 

The sheriff’s office says the area around the jail will go into lockdown mode when Donald Trump arrives on Thursday.

 

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