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Trump’s indicted chief of staff wants Georgia election charges in federal court

 

“In a motion filed earlier this month, Meadows argued that his case in the racketeering indictment should be removed from state to federal court because he was acting in his capacity as a government official at the time. 

State prosecutors argued in response on Friday that Meadows' indictment in the case "results directly from his disregard for the lawful scope of his official duties," and that "federal law forbids any employee of the executive branch from 'us[ing] his official authority or influence for the purpose of interfering with or affecting the result of an election.'””

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I’m not going to make predictions on whether the Georgia defendants will succeed in their motions to move their cases to federal court. However, I am skeptical of claims like Meadows’s. 
 

The Hatch Act prohibits federal officials from using their office for electioneering. The President has no authority in how elections are run. 
 

So how can someone working for the president have overseeing elections as part of their job?

 

If Meadows was acting in his capacity as CoS, how is that not a violation of the Hatch Act?

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Posted

Legal Beagles watching Meadows:  
What does this language in the this provision of the Hatch Act mean?

(1) An employee described in paragraph (2) of this subsection may engage in political activity otherwise prohibited by subsection (a) if the costs associated with that political activity are not paid for by money derived from the Treasury of the United States.

(2) Paragraph (1) applies to an employee—

(A) the duties and responsibilities of whose position continue outside normal duty hours and while away from the normal duty post; and

(B) who is—

(i) an employee paid from an appropriation for the Executive Office of the President; or

(ii) an employee appointed by the President, by and with the advice and consent of the Senate, whose position is located within the United States, who determines policies to be pursued by the United States in relations with foreign powers or in the nationwide administration of Federal laws.

The POTUS Chief of Staff has duties and responsibilities outside normal duty hours and while away from the normal duty post.

That means he can engage in political activities when he's an employee paid by the Executive Office of the President, or a Senate confirmed political appointee.

The statue recognizes that being Chief Of Staff is a 24/7 job and your responsibilities can still exist regardless of where you are.

In other words, you are not an employee with set work hours and a set work location.

Federal employees CAN engage in campaign activities -- they just can't do it at work.  

Meadows fits into the exception referenced in this statute because of the nature of his job.  

This exception is EXPRESSLY applicable to employees of the Executive Office of the President -- which the Chief of Staff is a part of.

 

 

Posted
4 hours ago, John from Riverside said:

I can’t believe that they’re putting cameras in that Georgia court room, but I will totally be tuned in. This is going to be hysterical.

DC didn't with the j6.  Fascist like the shadows. 

Posted
7 hours ago, John from Riverside said:

I can’t believe that they’re putting cameras in that Georgia court room, but I will totally be tuned in. This is going to be hysterical.

 

A useful idiot glued to a show trial?

 

No way!

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