I guess that there are some lawyers that will put anything, and I mean anything, in a pleading. Jeffrey Clark is seeking to have his legal issues in Georgia removed to a federal court. That probably won’t happen but he can spend money trying, that’s up to him. He can take the same money and set fire to it, too, he’s going to generate the same result. Now the comedy in this comes from the fact that poor Jeff didn’t even know he was going to be arrested until he read it in the papers.

“[W]e will also be seeking emergency relief against the State attempting to execute on any arrest warrants as its power over this case ceased immediately upon this removal,” the motion stated. “Use of a state law criminal process designed to generate headlines, potential ‘perp walks’ for television cameras, and anything more than simple service of process on defendants would be inappropriate here given the removal.”

Clark opposed arrest warrants because he said he only learned about it through the media.

“Defendants should not have to watch the news or search for press stories to try to track down all legal papers in this case,” he complained.

This is a real hoot. For Clark to think that this would fly on far right-wing media is one thing, I can see where MAGAs might buy this. They don’t know how anything works. That’s why they’re MAGAs. But to think that that nonsense will fly in a court of law?

“We are hopeful that this Court will quickly issue that very type of notification to the Georgia state court,” the filing added, “which will clearly bring a halt to all proceedings there, including any attempt by District Attorney Fani Willis to threaten or effectuate arrests under unilateral state judicial and ancillary executive power.”

Here’s a sample of the “legal reasoning” in this motion.

For the first time in United States history, a former President of the United
States has been charged with running a criminal organization. This is wildly
implausible on its face (whatever some ratings-hungry media pundits might posture),
and as Mr. Clark and other defendants will show, the allegations that such an
enterprise exists fail on numerous grounds. The case is also defective on multiple
legal grounds, which should ultimately dispose of the matter without the need for
delving into any extensive factual findings. The Action is just as defective factually
as it is legally, however. […]

The State’s assertions that Mr. Clark participated in a non-existent, multi-statecriminal conspiracy are scurrilous. We trust he will be cleared of the charges advanced by District Attorney Fani Willis. We have faith that the federal courts will ultimately recognize this Action for what it is—a naked attempt to destroy Mr. Clark by “lawfare,” cost him millions in legal fees, impair his work in the conservative legal community at the Center for Renewing America in Washington, D.C., and tarnish his previously stellar reputation. And those are just the illegitimate objectives as to Mr. Clark. As to the other Defendants, the Action is an attempt to put political enemies in prison with no more to commend it than the Moscow show trials. […]

Indeed, the State has no authority whatsoever to criminalize advice given to
the President by a senior Justice Department official concerning U.S.
Department of Justice law enforcement policy based on a County District
Attorney’s disagreement with the substance or development of that advice. In
this case, the Fulton County Action seeks to explore the legal, policy, factual,
and political bases for advice that Defendant is alleged to have given (1) to the
Acting Attorney General of the United States, (2) to the Principal Associate
Deputy Attorney General (the “PADAG”), who at the time was performing
the duties of the Deputy Attorney General, and, most importantly according to
a Congressional investigation, (3) to the President of the United States.4 The
State simply has no authority to intrude upon, politicize, or second-guess
advice given to former President Trump by senior officials of the Justice
Department, including Mr. Clark.

Ahem….if there’s a criminal conspiracy contained in the “advice” that puts things on an entirely different footing altogether.

This is down and dirty desperate. This is right-wing talking points translated to 28-line pleading paper and filed in a courthouse. That’s the sum total of what this is. But read the whole thing. It is a rare day that we see a legal filing that constitutes social satire and high comedy, but this is it.

 

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4 COMMENTS

  1. “Legal grounds, which should ultimately dispose of the matter without the need for
    delving into any extensive factual findings.”

    Ha!

    A legal entreaty that asks for ‘any extensive factual findings’ to be ignored in favor of abstruse legalese has forgotten how the law and justice actually work.

    They DO NOT work by ignoring what the defendant admits in their own missive are ‘extensive facts’, they work by investigating those facts first, and if there are enough of them, last, as well.

    A strategy of ‘Don’t look there, look at this shiny thing’ might work on media channels for a while, but it definitely doesn’t cut the mustard in court.

    Unbelievable. A defense based on ‘Ignore these extensive facts and listen to this weird tenuous theory.’ is doomed to advertise the stupidity of the proposer, and fail. Fast.

    15
  2. …running a criminal organization. This is wildly implausible on its face (whatever some ratings-hungry media pundits might posture)”

    I don’t know about what the media pundits might have been doing during those four very unfortunate years, 2017-2021, but the rest of us watched the stupie-f*ck treat the w.h. like his very own money machine. He didn’t try to hide it and in fact his cabinet members were often doing the same thing. Lord knows Jar-jar and the princess sure did make out like bandits. Not sure about Uday & Qusay but the older one is getting his coke from somewhere and I seriously doubt it’s for free.

  3. I love that little “defense” tactic mentioning “lawfare” when that’s exactly how Donald managed to avoid so many of his own troubles in the past–by taking people claiming Trump owed them money and keeping them tied up in court for so long that the costs they incurred in bringing the action against Trump would outweigh any potential win they might get.

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