Fulton County cases
The Fulton County cases concern 19 sham indictments of Republicans, including Donald Trump as the frontrunner for president, in August 2023 in Fulton County, Georgia by a Democrat prosecutor and an overwhelmingly Democrat grand jury. Among many pretrial issues is the ability of the federal officials, including Trump and Mark Meadows, to remove the case from state to federal court.
Removal by Trump
On Sept. 28, 2023, Trump's attorney announced that he would not remove the case to federal court, to the surprise of legal observers.[1]
Reasons to remove
(i) with removal, there is a 50% chance the 11th Circuit (7-5 GOP-appointed, with 6 Trump appointees) would side with Trump, and perhaps a 90% chance the U.S. Supreme Court would, if the 11th Circuit did not; and (ii) with removal, the argument that this is a presidentially pardonable offense is stronger due to the federal connection.
Reasons not to remove
(i) sticking with a fairer state court judge rather than the Obama-appointed judge who would receive the case in federal court;
(ii) avoiding an evidentiary hearing on removal at which Trump may be expected to testify soon;
(iii) typically longer delays before trial in state court, where Trump has waived his right to a speedy trial there; and
(iv) a state court verdict would carry less credibility with the public than a federal court verdict.