ATLANTA — A judge will not allow a former U.S. Justice Department official to be tried in federal court on charges that he criminally interfered in Georgia's 2020 presidential election.
U.S. District Court Judge Steve C. Jones ruled that Jeffrey Clark couldn't move his case out of Fulton County Superior Court because he failed to prove that he acted within the scope of his duties.
"After considering the arguments made and evidence submitted, the Court determines that Clark has not met his burden," Jones wrote.
Clark served as the Assistant Attorney General for the Environment and Natural Resources Division and the acting Assistant Attorney General for the Civil Division during the 2020 election. However, he became close with former President Donald Trump in the waning days of his administration.
Fulton County prosecutors allege Clark used his position to attempt to overturn the state's election results, despite objections from higher-ranking Justice Department leaders. Prosecutors argued that Clark's involvement in election matters went beyond the assumed authority of his position.
Clark tried to have letters sent to Georgia Gov. Brian Kemp and other state leaders claiming that the Justice Department had “identified significant concerns that may have impacted the outcome of the election."
In a hearing before Jones last week, Clark's attorney Harry MacDougald argued that the president and others in the White House encouraged Clark's involvement.
Trump never claimed that Clark was overstepping his bounds. Instead, Trump invited Clark to the White House for a Jan. 3, 2021 meeting where the draft letter was discussed with other attorneys. They hashed out their differences in legal opinions during the contentious meeting, MacDougald said.
The letter and meeting were part of confidential legal advice — something that, McDougald argued, shouldn't be prosecuted by the Fulton County District Attorney's Office.
Jones sided with prosecutors in his decision on Friday.
"Clark has not met his burden to show that he was acting within the scope of his federal office as AAG of the Civil Division in drafting the December 28 letter. The letter pertained to election fraud and election interference concerns that were outside the gamut of his federal office," Jones wrote in his ruling.
Clark may appeal the ruling. He is one of five defendants in Georgia's 2020 election racketeering case who wants to be tried in federal court.
Jones ruled against former White House Chief of Staff Mark Meadows' request to remove earlier this month. Meadows appealed the ruling to the U.S. Court of Appeals for the Eleventh Circuit. No decision has been made.
Jones rejected bids by Cathy Latham, David Shafer and Shawn Still Friday evening. The trio served as Trump presidential electors, and they want to be tried in federal court. It's unclear if they will appeal.
Trump attorney Steve Sadow said in a Thursday filing that the former president would not try to take his case to federal court.