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brooklynite

(94,590 posts)
Tue Aug 15, 2023, 09:34 PM Aug 2023

People don't seem to be clear about why Trump (or Meadows) want to move State cases to Federal Court [View all]

It has nothing to do with the jury pool.

This CivPro backgrounder brings us to the news of the day. President Trump will try to remove his New York criminal prosecution to federal district court. As best as I can tell, this argument was first raised by David Rivkin and Kristin Shapiro in the Wall Street Journal. They wrote that Trump should remove the case. And once removed, Trump could invoked what is known as Supremacy Clause immunity. That doctrine, which flows from McCulloch v. Maryland, holds that states cannot prosecute a federal officer for engaging in some federal function. That landmark case arose from a criminal prosecution of a federal bank employee named McCulloch. Supremacy Clause immunity was also invoked in In Re Neagle. A marshal protecting Justice Steven Field killed a man in defense of the justice. California tried to prosecute the marshal for murder. The Supreme Court held that the prosecution was preempted by Supremacy Clause immunity.

https://reason.com/volokh/2023/05/04/trump-to-remove-criminal-prosecution-to-federal-court/
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