Fulton County Prosecutors Rebut Claims of Federal Official Status for “Alternate Electors”
In a hearing on Wednesday, Fulton County prosecutors countered claims made by three individuals known as “alternate electors” that they should be considered federal officials. The hearing, presided over by Judge Steve Jones, addressed the issue of federal removal in the Georgia election interference case led by District Attorney Fani Willis.
The three individuals in question, David Shafer, Shawn Still, and Cathy Latham, are facing charges in the conspiracy case relating to their alleged involvement in falsely presenting electors’ certificates stating that former President Donald Trump had won the state of Georgia. They are charged with crimes including impersonating a public officer and forgery.
These “alternate electors” are following the footsteps of former Trump Chief of Staff Mark Meadows and former Department of Justice official Jeffrey Clark, who themselves faced charges in the case and sought to move their trials to federal court under a law that allows for such a move when a federal official or someone acting on their behalf is charged for actions taken in their official capacity.
Attorneys representing Shafer, Still, and Latham argued that their clients’ actions were legal and should qualify for removal to federal court. However, Fulton County prosecutors criticized their arguments, labeling them as disconnected from reality and describing them as a “fantasy.”
Prosecutor Anna Cross emphasized that these individuals did not become public officials by committing a crime and highlighted that they were not federal officials or electors in any capacity. Cross referred to their claims as baseless and unfounded.
Tensions rose in the courtroom momentarily when one of Shafer’s attorneys, Craig Gillen, accused the prosecutors of targeting the defendants due to their support for former President Trump. He lamented that being aligned with Trump placed individuals in the “danger zone.” Prosecutors called this accusation “borderline offensive” and fully denied it.
Gillen further argued that the elector plan executed by his clients was legal and compliant with federal law. He contended that the state of Georgia had failed to meet the crucial December 8, 2020, safe harbor deadline, which should have transferred authority over the electors to the federal government. He asserted that his clients acted dutifully as alternate electors.
Holly Pierson, another attorney for Shafer, supported this argument by stating that when a state misses the safe harbor date, the power reverts to Congress. Pierson also challenged the prosecutor’s claim that electors are not federal officers, insisting that their clients acted within the bounds of federal law.
Judge Jones took the matter into advisement and pledged to deliver a ruling as promptly as possible, without specifying a timeframe. However, the defendants face an uphill battle as Jones previously denied Meadows’ request to have his case moved to federal court. Clark’s motion is pending a ruling, while Meadows is pursuing his efforts through appeal.
Former President Trump and 18 others have been indicted on charges related to an alleged racketeering scheme to overturn the results of the 2020 presidential election in Georgia. All 19 defendants have pleaded not guilty.
David Shafer previously served as the chair of the Georgia Republican Party, Shawn Still is a Georgia state senator, and Cathy Latham was the GOP chair for Coffee County.
Neither the three defendants nor Clark appeared for the joint hearing, submitting waivers for their in-person presence. Meadows, on the other hand, testified for over three hours during his own hearing.
The argument put forth by Shafer, Still, and Latham claiming their status as federal officials has been met with skepticism from the Fulton County DA’s office. They argue that these individuals impersonated genuine electors and do not qualify for removal to federal court.
Judge Jones, when denying Meadows’ request for removal, asserted that the allegations in the indictment were not related to Meadows’ official duties as Trump’s chief of staff. Instead, the judge maintained that Meadows’ actions were aimed at influencing state election activities and procedures on behalf of the Trump campaign.
The final ruling on whether Shafer, Still, and Latham can have their cases transferred to federal court is yet to be determined.