Former US Attorney General Meese: Jeff Clark Case Should Be Tried in Federal Court

One of the many motions to move the Georgia election challenge case out of Fulton County to a federal court has a significant supporter in former President Ronald Reagan’s U.S. Attorney General Edwin Meese, 91.

Former acting Assistant Attorney General (AAG) Jeffrey Clark is seeking to move his case to federal court, and Meese has issued a 19-page filing supporting Clark’s argument.

“In short, in my opinion, any consideration of the above matters squarely involves Mr. Clark’s actions as a federal officer concerning the exercise of his federal authority under the Constitution and federal law and were within the scope of his authorities as an AAG under federal law,” Meese’s affidavit filed Saturday read.

The case is clearly a federal one with regard to Clark, who was acting in accordance with his official federal duty in former President Donald Trump’s Justice Department, according to Meese.

“The losing side of privileged and confidential internal DOJ factual and legal disagreements cannot be subject to state law criminal prosecution on the grounds of attempted false writings without destroying the supremacy of the federal government,” Meese wrote on pages 12 and 13.

“Disagreement on legal, factual, and policy matters in the halls of the Justice Department is commonplace, just as disagreements among lawyers in private practice, in state government, and in local government are common.”

Meese also noted that the draft letter used to allege a racketeering scheme in Trump’s presidential election challenge was never even sent, under Clark’s advisement. Ultimately, it was Trump’s decision as the leader of the Executive Branch, Meese added.

“The indictment does not allege that the draft letter was ever sent,” Meese’s affidavit continues on pages 13 and 14. “Though it is not mentioned in the indictment, I am aware from news reports that the president, after consulting with his most senior legal advisers, including Mr. Clark, decided against sending the draft letter. And if that is true, that was entirely a presidential prerogative.

“The president is the ultimate and final Executive Branch decisionmaker. And in my experience, presidents, like attorneys general, want and need their subordinates to present different options. Senior officials preside over such debates in order to foster better decision-making.”