New In Lawfare: “Why the Manhattan DA’s Trump Case Cannot Be Removed to Federal Court”
Two weeks ago, President Trump removed his criminal case to federal court. (I wrote about Trump’s motion here.) 28 U.S.C. 1442 provides, in part:
(a) A civil action or criminal prosecution that is commenced in a State court and that is against or directed to any of the following may be removed by them to the district court of the United States for the district and division embracing the place wherein it is pending: (1)The United States or any agency thereof or any officer (or any person acting under that officer) of the United States or of any agency thereof, in an official or individual capacity, for or relating to any act under color of such office or on account of any right, title or authority claimed under any Act of Congress for the apprehension or punishment of criminals or the collection of the revenue.
Yes, you read that right. Trump could only invoke this statute if, as President, he was an “Officer of the United States.” Sometimes I feel like I am living in the movie Groundhog Day, but with the Constitution’s officer-language.
Seth Barrett Tillman and I wrote a new article for Lawfare, titled Why the Manhattan DA’s Trump Case Cannot Be Removed to Federal Court. Here is the introduction
Last month, a Manhattan grand jury indicted Donald J. Trump for violating state law based on allege
Article from Reason.com
