Matthew Whitaker to Newsmax: Conspiracy Case Unfit for Dual Court Trial

Former President Donald Trump's former chief of staff, Mark Meadows, has filed a motion seeking the transfer of their Georgia criminal cases to federal court. If he is successful, his case will be transferred to federal court, separating the defendants.

Several other co-defendants have done the same.

"Well, if one case goes and it's a conspiracy case, I don't know how you could try it in two different courtrooms: a state court and a federal court," Former acting U.S. attorney general Matthew Whitaker told Newsmax host Rita Cosby in an interview on "Saturday Report."

"Now, that being said, I think Mark Meadows' case is a very strong removal case. You know, he was acting as chief of staff. It was in his official duties. And so, you know, there seems to be a very strong case," Whitaker said.

Whitaker said Meadows' case may find a more suitable venue in federal court.

"Remember, in federal court, you're going to get a broader jury pool, and you're going to most likely get a better judge who's going to apply the law. Obviously, the appeals court, we could argue whether or not the 11th Circuit and the U.S. Supreme Court are better than the Georgia system.

"But at the end of the day, I think all of these cases are going to land in the U.S. Supreme Court because they are such novel legal theories that this district attorney has built a case on," he added.

In the Georgia case, the legal pursuit of defendant attorneys like Rudy Giuliani and John Eastman is sparking inquiries into the landscape of client defense in the United States and its potential ramifications for legal representation.

Whitaker said, "Yeah, well, it's not only defending a client but advising a client. You know, you think about a lawyer's role is to, you know, help their client understand what the law is and what's possible. You know, Donald Trump and several others are going to have a really great advice of counsel defense, which says, you know, my lawyer said I could do this this way and I did it, so I am protected from criminal liability.

"I mean, there are so many interesting issues ... where the Constitution and, you know, an individual's right to certain things, including free speech, are being challenged here. So this case is going to be remarkable. And to your, you know, earlier point it's going to be streamed on the Internet for everyone to watch."

A Georgia judge recently granted permission for a speedy trial for Kenneth Chesebro, one of 18 defendants charged alongside Trump and Meadows in connection with alleged efforts to overturn the state's 2020 election results. According to CBS News, this ruling established a trial start date of Oct. 23 for Chesebro.

When asked if one month was enough time to prepare for trial, he said, "No, of course not.  Especially in a 19-defendant RICO conspiracy. You know this? These cases typically take months, if not years, to prepare. Defendants ultimately control the speed with which the trial happens, especially if they're willing to waive their speedy trial rights that are theirs to waive. So I expect this case is going to not happen in October.

"I think you're going to see. Many of these cases continue to be pushed and slide just because of the sheer volume of it. I mean, that's the challenge the left has decided. To bring four Criminal cases all at the same time to try to overwhelm President Trump and his defense counsel. And I think ... the courts are going to have to appreciate what it's going to take to prepare for each one of these unique cases and their novel legal theories."

With Trump's election interference trial in Fulton County, Georgia, set to be broadcast live on the court's YouTube channel, according to Superior Court Judge Scott McAfee's recent announcement, Whitaker had this to say: "Obviously, this district attorney and this judge are excited about the attention it's going to get. They think it's going to promote their political futures and careers.

"But, you know, while I am all for, you know, a broad distribution and ability for citizens to see trials and to be in the courtroom, you know, I think putting it on YouTube and just generally making it available is not the most disciplined way, nor the most, you know, the best way that Americans see what's happening in this trial.

"So I would expect that the Trump team will object to this. But at the same time, I am for cameras in the courtrooms [because] I think it gives the American people a chance to see how justice operates."

He continued, "Remember, it's not going to be just about the 12 jurors that have to make a decision; it's going to be about the court of public opinion. And I'm sure many Americans will tune in. We'll watch it. We'll follow the blow-by-blow. We'll see the evidence; and they'll, quite frankly, see how weak the evidence is in this case and how this RICO conspiracy that the district attorney has built is not based really in law.

"It's a very speculative case. It's never been done before. You know, the First Amendment obviously protects much of this speech that was done. And so it's going to be a spectacle, but I don't think, to your point, it's going to turn out exactly how they have hoped."

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