Thread by @ClarkGSULaw

1/ This order could be very bad news for DA Willis. If I were the DA, I would ask grand jury for a superseding indictment that removes the name of Mark Meadows from Acts 5, 6, 7, and 19 of Count 1 (but continuing the allegations as to Donald Trump).

https://twitter.com/KatiePhang/status/1696583819220992475

2/ Acts 5, 6 and 7 are not necessary to establish his liability under RICO but keeping them in the indictment now runs an enormous risk for the DA of losing the removal issue, because these overt acts come closest to meeting the test for federal officer removal, per US SCt:

3/ “the acts [must] be done by him under color of federal authority … and he must by direct averment exclude the possibility that [the prosecution] was based on acts or conduct of him not justified by his federal duty.” State of Colorado v Symes (U.S. Supreme Court 1932)

4/ Acts 5 and 7 involve WH meetings btw Trump & state legislators - Meadows made plausible claims that his role was limited to what the Chief of Staff typically does.

5/ Act 6 alleges only that Meadows asked a member of Congress from Pennsylvania for the phone numbers of the leaders of the state legislature in Pennsylvania, again saying this was a typical task for a Chief of Staff.

7/ Act 19 alleges that Trump & Meadows met together with another White House staffer, John McEntee and asked him to prepare a memo for a strategy to disrupt the January 6 session of Congress.

8/ Meadows testified firmly that Act 19 did not describe anything he had done and it is not worth continuing to try and prosecute Meadows for Act 19.

9/ The alleged overt acts by Meadows that would remain in the indictment present the best argument for DA Willis that Meadows was engaged in conduct “not justified by his federal duty”

10/ The trip to the vote audit in Cobb County when he obtained the personal cell phone number of Frances Watson, who was supervising the audit (Act 92)

11/ Using the personal cell phone number he obtained, arranging a phone call from Trump to Watson in which Trump made false statements to her and attempted to influence her (Act 93)

12/ Texting Jordan Fuchs of the GA Secretary of State’s office to ask “Is there a way to speed up Fulton County signature verification in order to have results before Jan 6 if the trump campaign assist financially.” (Act 96)

13/ Arranging and participating in Trump’s January 2, 2021, phone to Raffensperger. (Act 112). The transcript of that call includes these statements by Meadows:

14/we believe that not every vote or fair vote and legal vote was counted” & “Mr. Secretary … you say there were only two dead people who would vote. I can promise you there are more than that.”

@GeorgiaStateLaw @espinsegall @AnthonyMKreis @NormEisen @VictorBlackwell @carenmorrison13 @maddow @adallos @jfritze @AmaraCNN @dalalali @byamberphillips @AaronBlake @AnnaBower @stphnfwlr @rgoodlaw @kyledcheney @katebrumback @LauraAJarrett @TamarHallerman

15/ And if Meadows wins removal, I predict Trump will argue that he and all other defendants are also automatically removed.