Did former President Donald Trump ask then-Assistant Attorney General Jeff Clark’s legal opinion concerning Department of Justice options for addressing voting irregularities in Georgia, or did Clark volunteer his legal analysis on the question without the president’s prompting?
The federal judge presiding over Clark’s removal case, who will decide whether Clark must defend himself in the Democrat stronghold of Fulton County or in a Georgia federal court, focused on that question during last week’s hearing. In doing so, the judge revealed just how crazy—and dangerous—this political prosecution is to the future of our constitutional republic.
Currently, Clark faces criminal charges in Fulton County, Georgia, after get-Trump prosecutor Fani Willis obtained a sprawling grand jury indictment against him and 18 co-defendants, including former President Donald Trump. That mid-August indictment charged the defendants with supposed crimes related to “alleged postelection interference with the 2020 presidential election in Georgia.”
A week after the indictment dropped, Clark sought to remove the criminal case against him to federal court, based on a federal statute, codified at § 1442(a)(1). That removal statute provides that a “criminal prosecution that is commenced in a State court” against an “officer” of the United States or any federal agency may “remove” the case to a federal court if the prosecution is “for or relating to any act under color of such office…”
A 2020 Draft Letter to Georgia Lawmakers
In arguing for removal, Clark stressed that Willis’s charge against him rested on a Dec. 28, 2020 draft letter he presented
