Former DOJ official Jeffrey Clark and 3 GOP electors indicted with Trump lose bids to move Georgia charges to federal court

A federal judge refused Friday to move former Justice Department official Jeffrey Clark's trial on election racketeering charges with Donald Trump from state to federal court, weeks after rejecting a similar request from former White House chief of staff Mark Meadows.

U.S. District Judge Steve Jones also rejected similar requests from three Republican presidential electors for Trump.

At least five of Trump’s co-defendants have asked to move their cases by arguing they were indicted for performing federal jobs, which should have protected them from state-level charges. But Fulton County District Attorney Fani Willis said their alleged attempts to overthrow the 2020 election went far beyond official duties.

Clark, who was an assistant attorney general at the time, is charged with writing a letter to Georgia officials with false statements about Justice Department concerns with the election. Acting Attorney General Jeffrey Rosen refused to sign or send the letter.

Jones ruled that "Clark has submitted no evidence" the letter was part of his job overseeing environmental litigation or acting as the head of the civil division.

"To the contrary, the evidence before the Court indicates the opposite: Clark’s role in the Civil Division did not include any role in the investigation or oversight of State elections," Jones wrote.

Three GOP electors who asked for federal trials also rejected

Jones also rejected requests for federal trials from three Republican presidential electors ? Georgia Republican Party Chairman David Shafer, state Sen. Shawn Still and Cathy Latham ? who argued their federal roles should protect them from state charges.

The electors were charged for meeting Dec. 20, 2020, and filling out forms as electors for Trump despite President Joe Biden winning the state. Jones ruled that because the electors were acting under the advice of Trump's private campaign lawyers, they were not fulfilling federal roles.

"Because the President’s private litigation is 'unofficial conduct, the Court finds that any directives from the attorneys in this private litigation to engage in activities that would benefit the litigation are not related to any federal officer duties of the President," Jones wrote.

Meadows has appealed the decision.

Clark, Trump and Meadows were charged as part of a 41-count indictment in Fulton County Superior Court. All 19 co-defendants have pleaded not guilty.

Clark, who headed the environment and natural resources division at the Justice Department, was charged for drafting a letter that was never sent with false statements about Georgia’s election.

Clark drafted the letter on Dec. 28, 2020, for Acting Attorney General Jeffrey Rosen to sign and send to Gov. Brian Kemp and legislative leaders. The letter falsely said the department “identified significant concerns that may have impacted the outcome of the election in multiple States, including the State of Georgia,” according to the indictment.

But the department hadn’t found widespread fraud in the election. Rosen refused to sign the letter.

Rosen and acting Deputy Attorney General Richard Donoghue each testified in depositions that the civil division had no role in bringing election-related lawsuits. Rosen testified that Clark’s letter was “strange” in part because Clark“didn’t have responsibility for election issues.”

Clark argued in trying to move his trial that drafting the letter was part of his official duties, at Trump's request.

“It is not a good-faith prosecution; it is a political ‘hit job’ stretched out across 98 pages to convey the false impression that it has heft and gravity," said Clark's lawyer, Harry MacDougald.

But one of the prosecutors, Donald Wakeford, argued that Clark had presented no evidence that his actions were authorized by Trump. Clark also provided no explanation of what federal law he was trying to enforce or what authority or appropriate expertise he had when looking into allegations of problems with the election, Wakeford said.

“This case does not involve federal authority,” Wakeford said, arguing for the case to be returned to the state court. “There is no federal authority here to protect.”

This article originally appeared on USA TODAY: Jeffrey Clark, 3 electors charged with Trump rejected for federal trial