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Kaelan Deese, Supreme Court Reporter


NextImg:Trump co-defendant Jeffrey Clark skips hearing with skeptical judge: 'This is not good'

A federal judge during a Monday hearing was skeptical about former Trump administration Justice Department official Jeffrey Clark's bid to move his Georgia election subversion case to federal court.

Clark argues he was operating in his official capacity at the DOJ's environmental division and in an acting capacity at the civil division when he sent a letter to Georgia officials raising concerns of mass election fraud.

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After three hours, the court hearing concluded without a ruling from U.S. District Judge Steve Jones, who said he would act soon but without specifying a date.

Court watchers reported Jones appeared visibly frustrated at times and that at one point, a leading attorney for former President Donald Trump, Steve Sadow, whispered, "This is not good," according to CNN.

Prosecutors claim Clark knew the letter he sent included a false statement, also saying that Clark's superiors at the DOJ told him it was a lie and that he lacked authority to make fraud allegations.

Harry MacDougland, an attorney for Clark, countered that the DOJ had already been looking into fraud claims before Clark's involvement in the matter.

“The Rubicon had already been crossed,” MacDougald said, according to the Associated Press.

Unlike his co-defendant Mark Meadows, Clark avoided taking questions from prosecutors and was not even present for the Monday hearing.

Meadows, the former White House chief of staff, took the stand last month before Jones in an effort to have his case removed to federal court. He testified during an all-day hearing on Aug. 28, but Jones denied his request on Sept. 8, prompting Meadows to appeal.

Trump is also likely to seek to remove his case to federal court, though Sadow hasn't filed any motions yet.

Ahead of the hearing, former Attorney General Ed Meese, who served during the Reagan administration, sent a sworn statement to Jones's court, arguing on Clark's behalf. Jones said Monday he respectfully would block Meese's filing, saying it "gives opinions of things" and wouldn't be considered when he makes his ruling on the removal issue.

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Clark is charged with violating Georgia's racketeering law, known as RICO, and attempting to make false statements. He and the other 18 defendants pleaded not guilty last month.

Three other defendants in the case who are charged as acting as "fake electors" to overturn the Peach State election are slated to have a hearing before Jones on Wednesday over the same question of moving the case to federal court, which could produce a more favorable and conservative jury pool than a Fulton County local court.