Dem 51
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Meadows' Gambit May Backfire

Mark Meadows desperately wants his RICO case to be tried in federal court. Monday, he even testified before U.S. District Judge Steve Jones in support of his motion to move the case to federal court. At first glance, taking the stand is risky due to cross examination and doesn't appear to have a lot of benefits, though it does have some neutral aspects. To wit:

It seems that he is taking a huge risk in order to argue that helping Trump win the election was part of his job description—and thus immune from prosecution. However, the Hatch Act prohibits federal employees (except the president, veep, and members of Congress) from engaging in partisan politics on company time, so the chance of his getting the change of court is microscopic.

On the down side, Meadows' plan could backfire for at least five reasons, as follows.

It doesn't look good for Meadows, but only Jones knows how he will rule. If he rules against the motion to move the case, the chance that it works for Donald Trump is close to zero, and exactly zero if Jones gets that case. Trump isn't going to have a better answer to where Article II gives the president any power over state elections. There is no answer. (V)

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