On Mark Meadows’ removal bids, the Supreme Court may have the last word

Mark Meadows lost his latest attempt to move his state criminal charges to federal court. If that sounds familiar, it may be because the former Trump White House chief of staff previously lost that battle at multiple levels of the court system in his Georgia case.

This latest loss came in the more recently charged Arizona case, which is also related to alleged interference in the 2020 presidential election. Meadows has pleaded not guilty in both cases.

Still, when it comes to the broader question of Meadows’ quest to have his state charges proceed in federal court, the Supreme Court may have the last word. In fact, after failing thus far at the trial and intermediate appellate levels in his Georgia attempt, Meadows has a petition pending with the justices. A response from Fulton County prosecutors is due at the end of the month, after which Meadows can file a final reply brief before the justices consider whether to take up his appeal.

If the high court does so, that could also have implications for Meadows’ Arizona removal bid, which was rejected by a federal trial court Monday. The charged conduct against Meadows in Arizona is unrelated to his official duties as White House chief of staff, U.S. District Judge John Tuchi wrote in rejecting Meadows’ claim. “Therefore, because the Court concludes that the conduct charged in the State’s prosecution does not relate to Mr. Meadows’s color of former office, the Court must remand this case to state court,” Tuchi wrote.

Arizona falls under a different federal appeals court than Georgia. So if Meadows appeals the Arizona denial, it’s possible that the San Francisco-based 9th U.S. Circuit Court of Appeals could reach a different result than the Atlanta-based 11th Circuit. But if the Supreme Court takes up Meadows’ appeal in the Georgia case, then that could set a national standard applying to both cases — and to the law of removal generally.

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