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Wednesday, August 16, 2023

More pedantry

Defendants do not move to remove cases to federal court and do not file motions for removal. They remove them to federal court through a notice of removal--telling the federal and state courts that this case is in federal court. In other words, Mark Meadows is not "attempting" or "wanting" to move his Georgia prosecution to federal court; that prosecution is now pending in the Northern District of Georgia. It then is on the State to challenge removal through a motion for remand and for the courts to agree with and grant that motion, ordering the case returned to state court.

Posted by Howard Wasserman on August 16, 2023 at 06:59 AM in Howard Wasserman, Judicial Process | Permalink


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