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Former President Donald Trump formally informed the judge handling Georgia’s election subversion case on Thursday that he “may” attempt to take the case to federal court.
Trump’s lawyers have already said they will try to move the case forward, which could help him get the charges dropped by invoking immunity for federal officials.
“President Trump hereby advises the Court that he may seek the withdrawal of his charges in federal court,” his attorney Steven Sadow said in a brief court filing. “To be timely, his notice of revocation must be filed within 30 days of his arraignment.”
The 30-day period began on August 31, when Trump waived his right to an impeachment hearing and pleaded not guilty.
There are several potential advantages for Trump if he can take the case to federal court.
It would give him additional avenues to get the charges dropped if he was able to convince a judge that his alleged actions in the indictment were related to his official duties as a government official.
If the case remains in federal court, the jurors will all come from Fulton County, which President Joe Biden won by a 47-point margin. If the case goes to federal court, the jury will be selected from a 10-county region near Atlanta that Biden won by 32 points, a narrower but still comfortable margin.
Several of Trump’s 19 co-defendants are already trying to take their cases to federal court.
His former chief of staff, Mark Meadows, testified at a hearing last week as part of his attempt to move the case forward. More hearings are scheduled for later this month to determine whether a federal judge will consider similar claims by former Trump-era Justice Department official Jeffrey Clark and other co-defendants.
This story has been updated with additional details.
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