(ATLANTA) — Attorneys for former President Donald Trump have notified Georgia state court in Fulton County that they may seek to remove his election interference case to federal court, according to a court filing.
If Trump seeks removal to federal court, he would be the sixth defendant in District Attorney Fani Willis’ sweeping racketeering case to do so, joining former Trump Chief of Staff Mark Meadows, former DOJ official, Jeffrey Clark, former Coffee County GOP chair Cathy Latham, current Georgia state Sen. Shawn Still, and former Georgia GOP chair David Shafer.
Meadows’ motion for removal, filed on Aug. 15 by his attorney George Terwilliger and Atlanta-based attorney Joseph Englert, is based on a federal law that they argue requires the removal of criminal proceedings brought in state court to the federal court system when someone is charged for actions they allegedly took as a federal official acting “under color” of their office.
Shafer, in a separate filing Thursday, accused one of the lead prosecutors in the case of an “improper communication” with him after he was charged — and is requesting an evidentiary hearing and sanctions on the matter.
Shafer, who was one of Trump’s so-called “fake electors” in the alleged election interference plot, claims in the filing that the private law firm of Fulton County special prosecutor Nathan Wade sent a mailer to his home essentially offering him representation by the firm of the prosecutor that indicted him.
The filing says the front of the brochure sent to Shafer’s home “features a photo of Special Prosecutor Wade and [his partner] smiling.” The inside, the filing states, directs Shafer to “please contact us today to discuss your criminal case.”
The filing also says that the mailer included a letter with Shafer’s name on it, written by special prosecutor Wade’s partner, with the subject “IMPERSONATING A PUBLIC OFFICER”– the very charge that Shafer faces in the indictment.
Shafer’s attorney, Craig Gillen, says in the filing that the mailer is in “violation of the anti-contact provision,” but claims that it is “far more egregious than a typical violation of the rule, given the fact that it constitutes a communication with a criminal defendant by the lead prosecuting attorney’s law firm regarding charges in which the attorney has been responsible for bringing.”
The filing asks the judge in the case to hold an evidentiary hearing on the matter.
The Fulton County district attorney’s office declined to comment when contacted by ABC News.
Wade’s law partner in his private firm did not immediately return a request for comment.
Trump and 18 others have pleaded not guilty to all charges in a Fulton County indictment for alleged efforts to overturn the results of the 2020 presidential election in the state of Georgia.
The former president says his actions were not illegal and that the investigation is politically motivated.
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