Judge denies Meadows' request to move Arizona 'fake elector' case to federal court

Mark Meadows is charged with trying to overturn Arizona's 2020 election results.

September 16, 2024, 8:46 PM

A federal judge on Monday denied former White House Chief of Staff Mark Meadows' request to have the Arizona "fake elector" case against him moved to federal court from Arizona state court.

Meadows, along with 17 others, was charged in Arizona with forgery and conspiracy over alleged efforts to overturn the results of the 2020 election in the state. He has pleaded not guilty.

In August, Meadows' attorneys argued the case should be moved to federal court because the indictment "squarely relates to Mr. Meadows's conduct as Chief of Staff to the President.” The argument is similar to the one Meadows has made for months in his Fulton County, Georgia, case, citing a law that calls for the removal of criminal proceedings when someone is charged for actions they allegedly took as a federal official.

Mark Meadows, left, Stephen Binhak and Jim Eastman appear virtually during a pre-trial hearing in the fake electors case in Maricopa County Superior Court on Aug. 28, 2024, in Phoenix.
Cheryl Evans/AP

U.S. District Court Judge John J. Tuchi said the state charges -- nine felony counts for his role in the effort to overturn former President Donald Trump's Arizona election loss -- is "unrelated" to Meadows' official duties.

"Although the Court credits Mr. Meadows's theory that the Chief of Staff is responsible for acting as the President's gatekeeper, that conclusion does not create a causal nexus between Mr. Meadows's official authority and the charged conduct," Tuchi said.

"The Court finds that Mr. Meadows fails to present good cause for his untimely filing of his Notice of Removal, and that in any event, an evaluation on the merits yields that he fails to demonstrate that the conduct charged in the state's prosecution relates to his former color of office as Chief of Staff to the President," Attorney General Kris Mayes said in a statement in response to the ruling. "The Court therefore will remand this matter to the state court."

Earlier this summer, charges were dropped against former Trump campaign attorney Jenna Ellis in exchange for cooperation in the case.