Georgia DA urges judge to reject Mark Meadows bid for keep, says he failed to meet his ‘heavy burden’ of evidence

Mark Meadows has failed to present he can “carry the heavy burden” required to pause a judge’s order rejecting his bid to move his Georgia criminal election interference case to federal court docket, Atlanta’s district lawyer argued Tuesday.

“Far from making a robust exhibiting that he is probably going to succeed on the deserves in his attraction, the defendant has not really made any exhibiting,” District Attorney Fani Willis argued in a submitting in federal court docket in Atlanta.

Meadows, 64, former President Donald Trump‘s chief of employees, is in search of to transfer the state-level case to federal court docket even after U.S. District Judge Steve Jones denied his preliminary request final week.

On Monday, Meadows’ attorneys requested Jones to keep his personal ruling pending an attraction in a federal appellate court docket. They argued that with out a keep, Meadows could possibly be “irreparably injured” as his prosecution barrels forward in Fulton County Superior Court.

The prosecutor, on Tuesday, urged Jones to deny the movement for a keep, arguing that Meadows has not proven he is probably going to prevail in an attraction.

“His arguments are overbroad and don’t really tackle the cautious reasoning employed by the Court in its Remand Order. He thus has offered no foundation to conclude that he is probably going to achieve his attraction, and the primary issue cuts towards him,” Willis wrote.

Meadows’ arguments try to “speak round” the federal judge’s reasoning and fail to cite “any pertinent public curiosity weighing in his favor,” the DA wrote.

Meadows and Trump are two of the 19 co-defendants in Willis’ sweeping case, which alleges an unlawful conspiracy to attempt to overturn Trump’s loss to President Joe Biden in Georgia’s 2020 presidential election. Meadows is charged with one depend every of violating Georgia’s racketeering legislation and solicitation of violation of oath by a public officer. Meadows, Trump and their co-defendants have all pleaded not responsible.

Multiple different co-defendants are additionally trying to transfer their prosecution out of Fulton County, whose residents voted overwhelmingly for Biden in 2020. Trump’s attorneys said in a court docket submitting final week that they, too, might search a switch.

The former White House chief of employees is pushing ahead with his try to keep Jones’ ruling. In an “emergency movement” filed Monday afternoon within the U.S. Court of Appeals for the eleventh Circuit, Meadows’ attorneys wrote that the decrease court docket and Jones “egregiously erred” in rejecting the request for a keep.

“At a minimal, the Court ought to keep the Remand Order to defend Meadows from a conviction pending attraction,” the previous White House chief’s attorneys wrote.

They pointed to the Oct. 23 trial date that Fulton County Superior Judge Scott McAfee has set for two of the 19 co-defendants within the Georgia election case.

“Absent a keep, the State will proceed in search of to attempt Meadows in 42 days,” they argued. “If the State will get its method, Meadows could possibly be compelled to stand trial, be convicted, and be incarcerated, all earlier than the usual timeline for a federal attraction would play out.”

The appeals court docket has ordered Georgia prosecutors to reply to Meadows’ movement by midday on Wednesday.