Legal AF by MeidasTouch - Fani Willis Gets Ready to DROP THE HAMMER on Trump Co-Defendant
Episode Date: August 25, 2023Legal AF Host Karen Friedman Agnifilo breaksdown what will happen at Mark Meadow’s mini-trial in Federal Court Monday where he will try and get his case removed from State Court. Fani Willis has sub...poenaed Brad Raffensperger and one other to testify. Go to https://PrizePicks.com/legalaf and use code legalaf for a first deposit match up to $100! Visit https://meidastouch.com for more!" Remember to subscribe to ALL the Meidas Media Podcasts: MeidasTouch: https://pod.link/1510240831 Legal AF: https://pod.link/1580828595 The PoliticsGirl Podcast: https://pod.link/1595408601 The Influence Continuum: https://pod.link/1603773245 Kremlin File: https://pod.link/1575837599 Mea Culpa with Michael Cohen: https://pod.link/1530639447 The Weekend Show: https://pod.link/1612691018 The Tony Michaels Podcast: https://pod.link/1561049560 American Psyop: https://pod.link/1652143101 Burn the Boats: https://pod.link/1485464343 Majority 54: https://pod.link/1309354521 Political Beatdown: https://pod.link/1669634407 Lights On with Jessica Denson: https://pod.link/1676844320 MAGA Uncovered: https://pod.link/1690214260 Learn more about your ad choices. Visit megaphone.fm/adchoices
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Georgia Secretary of State Brad Rathensberger and Georgia Election Investigator Francis Watson has
been subpoenaed by Fannie Willis to testify on Monday at what people are deeming a mini trial that's
going to take place in Georgia federal court in front of federal judge district judge Jones. What is
this about and what is going on?
In some ways, this is going to be a preview of some of the evidence that Fannie Willis has
in her blockbuster Georgia case against 19 defendants.
And why are we in federal court on Monday and what's happening?
So three of the 19 defendants have asked that their case be removed to federal court.
What does that mean?
What is federal removal?
There's a statute that dictates when civil and criminal cases get sent to or removed
to federal court, essentially saying that state court is not the appropriate place for
the cases to be tried. to federal court, essentially saying that state court is not the appropriate place for the
cases to be tried. Now, for a criminal case, which is what we have here, right? We have a
19 count Rico indictment. We, that what the defendants have to allege in federal court is
that number one, they were a federal officer. Number two, that they were acting under the authority of their job. So they were basically
doing their job at the time and acting under their authority of their job. They call it the
color, under the color of the authority of their position of a federal officer. And number three,
that there's a plausible federal defense. So that is what they are alleging, and Mark Meadows has indicated that he wants to remove his case to federal court, and he has alleged those three things.
He has, however, in some ways really hurt his case, because in addition to asking for this removal to federal court,
what he said in his motion was very much
that he was doing his job,
that this was part of his job.
He essentially made admissions that he was making the phone calls,
arranging the meetings, and doing all the things
that he's alleged to be doing.
And he's saying, well, what do you think
the job of chief of staff is? But one thing he's alleged to be doing. And he's saying, well, what do you think the job of chief of staff is?
But one thing he's not thinking about for some perplexing reason
is that the chief of staff is allowed to work for and do these things
for the president of the United States, right?
That's his job.
He's not allowed to do these things on the taxpayers' dime
for candidate, or for candidate
Donald Trump.
And that's what he was doing.
There's a federal law called the Hatch Act.
And what it basically says, and every single federal employee knows about it.
And frankly, when I was at the Manhattan D.A.'s office, we had our own version of this,
because I worked for an elected official. You're not allowed to spend taxpayer
dime and time and money and work and resources on political campaigns. You're just not. It's
not allowed. It's actually illegal. You're not allowed to use government telephones, office
space. You're not allowed to even use paper and Xerox machines. I mean, it's a very, very strict.
And Mark Meadows was working on behalf of candidate Trump, not president Trump, when he did
all of the things by trying, in Georgia, by trying to steal the election and help candidate
Trump steal the election.
So again, by asserting the facts he needed to assert
in his motion, he was admitting to violations
of the Hatch Act and essentially confirming
that he wasn't acting as a federal officer.
Yes, he was a federal employee,
but he wasn't acting under the color
of his job description.
He was acting as a, as a, as a, someone who worked
for Donald Trump's candidacy.
So I think it really hurts him that he's doing this,
but he did get to federal court.
Now, there's going to be a hearing,
Judge Jones ordered there to be a hearing.
He also, by the way, tried to not get himself arrested.
He asked, he asked Judge Jones to stay his arrest
and, and put a temporary restraining order so that he
wouldn't have to show up.
But the judge denied that and said, no, we're going to continue on carrying on with the
state process, but we'll have a hearing on your removal on Monday.
And so that's what's happening this Monday to see if removal for this defendant is appropriate.
So in one question is if he does get removed or if any of the defendants get removed, does
the whole case get removed?
And that's unclear, but we do know that if he does get removed to federal court, then
he, all of the charges against Mark Meadows would go with him as well.
So that hearing is happening on Monday, and don't forget that Brad Raffinsberger, the Georgia
Secretary of State, the one who has been subpoenaed by Fannie Willis to testify at the hearing,
he was the recipient of the perfect phone call, that infamous perfect phone call, where
President at the time, Trump, but really candidate Trump called him to and asked him, told
him, defined the 11,780 votes, which was the number.
It was one more needed to overturn Biden's victory in Georgia. So, you know, Meadows was on the line,
Meadows was on the line along with candidate Trump
at the time.
And so, Fannie Willis is going to preview some
of the evidence against him at this mini-hearing.
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Beto's is accused of trying to pressure Raffin's burger to violate his oath of office by,
you know, unlawfully altering adjusting and influencing the returns, the certified returns of the presidential election in Georgia.
And this is not within the scope of the chief of staff duties. It just simply isn't.
So I think this is going to fail. I do think it's going to get sent back to be prosecuted like in the state court like everybody else. And Fannie Willis, as I said,
also subpoenaed Raffinsberger's investigator, Francis Watson, who Trump also called to falsely
claim he had won the election in Georgia. So this claim that Meadows making, that arranging
these calls and meetings qualifies him for protection from state prosecution under the US Constitution's supremacy clause
I think will not fly and I like I said I think he's also admitted to another federal crime this violation of the Hatch Act
But we will see what happens on Monday
Meadows who was arrested is out on a hundred thousand dollars bond and
He will be prosecuted like everybody else in this case.
And we have a lot to unpack with respect to Mark Meadows.
He is probably the most perplexing defendant to me because for the longest time I would have sworn he was
brought, he was cooperating with Jack Smith because in Jack Smith, Smith's
indictment, the one count, I'm sorry, the one defendant for count indictment for
January 6th, Jack Smith mentions many unindicted co-conspirators who pretty much, I think there's six of them,
and pretty much we've been able to figure out who each of them are, right?
It's Rudy Giuliani, Ken Cheesebro, Boris Epstein, Jeffrey Clark, and it'll come to me in a
minute, who the other two are.
But he lists out who the undiated co-conspirators are,
but not Mark Meadows, which makes no sense,
because Mark Meadows was just as culpable in there with the rest of them. So we will see what ends up happening
because if he did cooperate with Jack Smith,
I don't think Jack Smith would give him full immunity
given all of the crimes that he has committed.
I think he'd have to admit what he did
and plead guilty or at least admit what he did
with an eye towards in the future
pleading guilty in exchange for not being prosecuted. But if that were the case, then his lawyer,
Mr. Tawiliger, who has a good reputation, I don't know him other than by reputation,
he would have absolutely tried to negotiate some sort of deal with Fanny Willis as well.
tried to negotiate some sort of deal with Fannie Willis as well. The fact that he's been prosecuted and charged and indicted by Fannie Willis says to me, number
one, what I've been saying all along, that there is no coordination between Jack Smith
and Fannie Willis, because there wouldn't be.
I mean, look what's happening.
You've got Speaker McCarthy holding hearings now on Fannie Willis and whether there's any
federal funding given to our office and, you usual what they're trying to do to interfere
with the criminal justice process, frankly.
And of course, neither Jack Smith nor Fannie Willis would put themselves in a position where
they could ever be accused of coordinating.
So I guarantee for many reasons, including that one, there was no coordination. And again, if there was coordination, then that would have been resolved. So maybe
Mark Meadows is cooperating with Jack Smith just from a without any deal. Maybe he's just
talking to Jack Smith and giving him information and doesn't have any deal set up, but he didn't
do the same with Fannie Willis. I do think Mark Meadows is less concerned about Fannie Willis' case, because I do think
his lawyer has made a calculation that he will ultimately be immune from prosecution based
on the supremacy clause.
I don't know that that will fly, and I think it's a really risky strategy to let your client get indicted
and then hope to have a defense like that.
But we will see, like I said, it's confusing and perplexing to me because he should be
an unindicted co-conspirator based on what we know he has done and did in the Jack Smith
case, but he's not listed in there as an unindicted co-conspirator.
So, stay tuned for Monday to see if some
or all of Fannie Willis' case will be removed
to federal court, or if it will be allowed
to proceed in state court where she brought the case.
If it does get removed, look, remember that
it's still a Fannie, it says the prosecutor,
it's still Georgia laws that will apply.
The only change that would happen is its federal court, so cameras typically are not allowed
in the courtroom the way they would be if it's in Georgia State Court.
The jury pool is expanded from just Fulton County to several other counties
surrounding that area.
So there's a chance of getting a different jury pool if it will remove to federal court.
And that's pretty much what would happen.
Oh, and a state conviction, whether it occurs in federal court or state court in Georgia,
is somewhat pardon proof because it's not,
the governor of Georgia does not have
the unilateral authority to pardon,
it would go before a pardon board.
So, but certainly the president of the United States
cannot pardon a state court conviction.
So that is what we have here for Mark Meadows and we will get a preview of some of the evidence
based on the testimony that will happen at Monday's hearing in federal court.
So thank you for watching. I'm Karen Friedman Agnifolo, co-host of Legal AF.
Watch us every Wednesday and Saturday at 8 p.m. and thank you so much for listening.
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