ATLANTA — Former White House Chief of Staff Mark Meadows is asking a federal judge to dismiss the charges a Fulton County grand jury brought against him last week.
In the roughly 30-page motion filed Saturday, Meadows argues he's immune from state charges for work he did under former President Donald Trump following the 2020 election, citing certain provisions of the U.S. Constitution.
"The State’s prosecution of Mr. Meadows threatens the important federal interest in providing the President of the United States with close, confidential advice and assistance, firmly entrenched in federal law for nearly 100 years (and) gives rise to precisely the sort of state interference in federal affairs the (U.S. Constitution's) Supremacy Clause prohibits," attorneys for Meadows wrote. "Centuries of federal precedent make clear that 'states may not impede or interfere with the actions of federal executive officials when they are carrying out federal laws.'"
Meadows' legal team — attorneys Joseph Englert, George Terwilliger, John Moran and Michael Francisco — also argued that the actions would be protected by the First and Fourteenth Amendments of the U.S. Constitution if a judge finds that Meadows isn't entitled to immunity under the Supremacy Clause.
"For example, whatever one thinks of the merits of the tone and tenor of the discussion with the Georgia Secretary of State, the subject matter was undeniably about public issues of political importance," a portion of the filing reads. "All the substantive allegations in the Indictment concern unquestionably political activity and thus, if not covered by Supremacy Clause immunity, the charges would be barred by the First Amendment."
This filing comes as Meadows also attempts to move the Georgia case against him to federal court. U.S. District Court Judge Steve Jones set a hearing on Meadows' removal motion for Aug. 28.
Trump and former Justice Department official Jeffrey Clark are expected to make similar removal requests.
Meadows was one of 19 people indicted in Fulton County District Attorney Fani Willis' 2020 election investigation. Meadows faces a count of violating Georgia's RICO (Racketeer Influenced and Corrupt Organizations) Act and a count of solicitation of violation of oath by public officer.
Acts cited in the indictment include Meadows' attempt to observe a signature match audit in Cobb County on Dec. 22, 2020, despite the fact that the process "was not open to the public." Meadows also communicated and put Trump in contact with Georgia Secretary of State investigator Frances Watson, who was leading the audit, according to the document.
Meadows also played a role in the Jan. 2, 2021, phone call between Trump and Georgia Secretary of State Brad Raffensperger. Meadows and Trump allegedly tried to get Raffensperger to violate his oath "by unlawfully altering, unlawfully adjusting, and otherwise unlawfully influencing the certified returns for presidential electors," according to the indictment.
Meadows requested an oral hearing on his motion to dismiss. A hearing on this motion hasn't been set as of Monday morning.