Final Three Trump Georgia Co-Defendants Lose Bids to Move Cases to Federal Court

Three co-defendants of former President Donald Trump must stand trial in Georgia state court rather than federal court, a federal judge ruled Friday.

Former GOP chairman David Shafer, state Sen. Shawn Still, and ex-Coffee County GOP chief Cathy Latham, all of whom were charged in connection to the alleged “fake” electors scheme, must face trial in Georgia state court, U.S. District Judge Steve Jones ordered.

Shafer, Still and Latham were charged alongside Donald Trump and 16 others in a 41-count Fulton County grand jury indictment alleging an election racketeering enterprise. Shafer faces eight state felony counts, while Still faces seven counts and Latham faces 11 counts. All three have pleaded not guilty.

Attorneys for the three co-defendants made their case for removal at a hearing on Sept. 20.

All three had argued that the 1960 presidential election in Hawaii set a legal and historical precedent for “contingent electors” to be appointed in closely contested states, and that electors are officials mandated by the U.S. Constitution and so are subject to the federal removal statute. 

In three separate orders on Friday afternoon, Jones said none of the three co-defendants had met their burden to establish that removal was merited, and concluded that the federal court "lacks federal jurisdiction over" their respective prosecutions.

None of the five Georgia co-defendants who sought to remove their cases to federal court have met with success.

Earlier on Friday, Jones issued an order denying former Trump administration Justice Department official Jeffrey Clark's attempt to move his prosecution to state court.

Former White House Chief of Staff Mark Meadows was also unsuccessful in his bid to be tried in federal court and has appealed his denial to the U.S. Court of Appeals for the Eleventh Circuit. 

In a court filing in early September, Trump attorney Steven Sadow had signaled the former president "may" seek to remove his case to federal court.

However, in a filing Thursday, Sadow indicated Trump would not seek removal to federal court, expressing confidence in a fair trial before Fulton County Superior Court Judge Scott McAfee.