Judge Denies Mark Meadows’ Request to Transfer Arizona Election Case to Federal Court

PHOENIX — A U.S. judge has denied Mark Meadows’ request to move his charges in Arizona’s fake electors case to federal court, marking the second consecutive failure in his attempt to transfer the proceedings outside state jurisdiction.

On Monday, U.S. District Judge John Tuchi ruled that Meadows not only missed the deadline for submitting his request but also failed to provide adequate justification for the move. The judge pointed out that Meadows could not demonstrate that the allegations against him were connected to his role as chief of staff to former President Donald Trump.

Meadows faces serious charges in both Arizona and Georgia related to a purported scheme to overturn the results of the 2020 election, which Democrat Joe Biden won in Arizona by a margin of just 10,457 votes. His previous attempt to transfer his Georgia charges to federal court was also unsuccessful. As it stands, it remains unclear whether Meadows will appeal this latest decision. Efforts to contact his attorneys for comments have not been returned.

While Meadows was not officially designated as a fake elector in Arizona, prosecutors assert that he collaborated with other members of the Trump campaign to submit names of false electors from Arizona and other states to Congress in an effort to keep Trump in the presidency after his defeat in November 2020. Meadows has pleaded not guilty to all charges in both Arizona and Georgia.

The latest ruling sends his case back to the Maricopa County Superior Court, where it will continue to unfold. In arguing for the case to be moved out of state court, Meadows contended that his actions were performed in the capacity of a federal official and thus shielded under the supremacy clause of the U.S. Constitution. This clause establishes that federal law prevails over state law.

However, Arizona prosecutors countered that Meadows’ activities related to the election were not part of his official responsibilities as White House chief of staff.

This past year, Meadows had also attempted to transfer his challenges in Georgia to federal court, but his motion was rejected, a ruling that was later upheld by an appeals court. He has made a request to the U.S. Supreme Court to review that earlier decision.

The indictment in Arizona outlines that Meadows, in early November 2020, admitted to a White House staff member that Trump had indeed lost the election. Furthermore, prosecutors allege that he orchestrated meetings and calls with state officials to promote the fake elector conspiracy.

Together with his co-defendants, Meadows is seeking to have the charges dismissed. His legal team argues that none of his alleged actions in Arizona were criminal in nature, claiming the indictment is primarily based on communications from individuals trying to share strategies about the president’s campaign legal efforts.

In his ruling, Judge Tuchi clarified that Meadows is not being indicted for simply communicating with the president or for staying informed about the day’s political events. Rather, he is facing charges for allegedly leading and engaging in an illegal scheme aimed at electioneering.

The judge emphasized, “Few, if any, of the State’s factual allegations even resemble the secretarial duties that Mr. Meadows maintains are the subjects of the indictment.”

A total of 18 Republicans were indicted in Arizona’s fake electors case last April. This group includes 11 individuals who falsely claimed to be Trump’s electors, as well as another Trump aide and five attorneys associated with the former president.

In a notable development, Jenna Ellis, Trump’s campaign attorney who worked alongside Rudy Giuliani, entered into a cooperation agreement with the prosecutors, leading to the dismissal of her charges. Loraine Pellegrino, a Republican activist, became the first person to be convicted in the Arizona case, pleading guilty to a misdemeanor and receiving a sentence of probation.

As for the remaining defendants, they have all pleaded not guilty to the charges of forgery, fraud, and conspiracy. While Trump himself has not been charged in Arizona, the indictment does refer to him as an unindicted co-conspirator.

On December 14, 2020, the 11 individuals nominated as Arizona’s Republican electors convened in Phoenix to sign a certificate falsely claiming they were “duly elected and qualified” electors, asserting that Trump had won the state. A brief video of this signing ceremony was shared by the Arizona Republican Party at the time, but the document was subsequently ignored by Congress and the National Archives.

Moreover, charges related to the fake electors scheme have also been filed in Michigan, Nevada, Georgia, and Wisconsin.