Think about the unbridled pleasure in liberal-media land if and when some prosecutor, someplace, indicts Donald Trump. The celebration of Kansas Metropolis Chiefs followers over their group’s Tremendous Bowl victory may pale compared.

On her MSNBC present Saturday morning, Katie Phang boldly predicted that Fulton County, Georgia DA Fani Willis will indict Trump. Or perhaps this is not too daring, since CNN and MSNBC have been predicting and wishing and hoping for the “partitions closing in” on Trump since 2017.

Willis has been investigating Trump in connection together with his efforts –notably together with a telephone conservation he had with Georgia Secretary of State Brad Raffensperger — to overturn the outcomes of the 2020 presidential election in Georgia. 

Phang’s solely concern was in regard to a potential abundance of riches — whether or not Willis’s indictment of Trump may “coexist” ought to particular counsel Jack Smith indict Trump on federal expenses. Phang predicted that whereas Willis could be the primary prosecutor to indict Trump, she foresaw Smith additionally indicting Trump, together with his first indictment coming in regard to categorized paperwork at Mar-a-Lago.

Former US lawyer and MSNBC authorized analyst Joyce Vance assured Phang that state and federal indictments may certainly coexist, though some coordination among the many respective judges could be required.

On the finish of the section, Phang requested Vance and Hugh Lowell of The Guardian whether or not they agreed together with her prediction that Willis will indict Trump. Lowell gave a flat “sure.” Vance coyly countered, “perhaps.”

Observe: Vance talked about a “little-known statute” that might allow Trump to have an indictment by Willis moved from a Fulton County state court docket to a federal court docket within the Northern District of Georgia. She mentioned the Northern District is slightly or “perhaps much more conservative than” than Fulton County, residence to Atlanta.

Vance did not cite the statute to which she alluded, however it might look like 28 U.S. Code § 1442 (a)(1), which gives [emphasis added]:

(a) A civil motion or legal prosecution that’s commenced in a State court docket and that’s in opposition to or directed to any of the next could also be eliminated by them to the district court docket of america for the district and division embracing the place whereby it’s pending:

(1)The US or any company thereof or any officer (or any individual appearing beneath that officer) of america or of any company thereof, in an official or particular person capability, for or regarding any act beneath shade of such workplace or on account of any proper, title or authority claimed beneath any Act of Congress for the apprehension or punishment of criminals or the gathering of the income. 

May Trump may depend on such a statute? He was actually a federal officer on the time of the alleged crime — his effort to overturn the results of the presidential election in Georgia. However he would not be a federal officer on the time of indictment. The statute would additionally require Trump to show that the act in query was “beneath shade of such workplace,” one thing you could possibly think about that Willis would contest. 

On her MSNBC present, Katie Phang predicting that Fulton County, Georgia DA Fani Willis will indict Donald Trump was sponsored partly by T-Cellular, Subway, Chase, and Amazon.

Here is the transcript.

MSNBC
The Katie Phang Present
2/18/23
8:20 am ET

KATIE PHANG: Joyce, I need to finish with you. My query is—I predict the Fulton County DA, Fani Willis, indicts Donald Trump. Whether or not you find yourself getting a conviction, that is left to be seen, proper? 

Is there a difficulty vis-à-vis jurisdiction? In the event you get an indictment for Donald Trump by Fulton County DA Fani Willis, and Jack Smith tees up an indictment, which I believe goes to be first, and Hugo, we talked about this, Mar-a-Lago. We expect Mar-a-Lago docs case goes to be the one which’s going to be the primary up by Jack Smith. 

Is there a priority that they can not coexist? These two indictments cannot journey on the identical time, in any method?

JOYCE VANCE: There is not any concern that they can not coexist on the identical time. There are circumstances the place you see defendants indicted by a number of jurisdiction. There’s some procedural points, the place judges need to seek the advice of with one another on the timing. There are questions on when a defendant goes into custody pretrial, which jurisdiction will take that defendant into trial. However these are conditions that the authorized system is well-accustomed to coping with. I do not see that as an issue. 

There’s an attention-grabbing twist although, Katie. There is a little-known statute that allows a federal official who’s indicted in state court docket to take away that indictment into the federal court docket. That right here could be the Northern District of Georgia. That may be a strategic consideration for the previous president. Which jury would you quite have? Fulton County, or the Northern District of Georgia, which is a big jurisdiction that leans slightly bit extra conservative, perhaps much more conservative than the county does, when you assume political views affect jury outcomes.

So it is potential we may find yourself seeing, to some extent, federal involvement in each of these circumstances. That is the form of technique that Trump likes to pursue. He likes something that injects uncertainty and delay within the proceedings. And the removing within the federal court docket will surely accomplish that objective right here.

PHANG: One phrase reply from you, Hugo, after which to Joyce. Do you agree Fulton County DA comes up first for an indictment on Donald Trump?

HUGH LOWELL: Sure.

PHANG: Joyce?

VANCE: [Smiles coyly] Possibly.

PHANG: Ugh! Spoken like a true lawyer.