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re: Federal judge rejects bids to halt Georgia prosecution of Trump aides over 2020 election

Posted on 8/24/23 at 11:12 am to
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 8/24/23 at 11:12 am to
As is the norm here, you are screeching about a judicial ruling interpreting a statute, without bothering to read the statute:
quote:

28 USC §1442(a)

A ... criminal prosecution ... commenced in a State court ... against ... any of the following may be removed by them to the district court of the United States ...:

(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.

...

(3)Any officer of the courts of the United States, for or relating to any act under color of office or in the performance of his duties ....
The parties seeking removal are arguing that the state proceeding should be stayed, pending determination of that issue by the federal judge. So, let's take a look at the statute governing the procedures for removal:
quote:

28 USC §1455(b)(3)
The filing of a notice of removal ... shall not prevent the State court ... from proceeding further, except that a judgment of conviction shall not be entered unless the prosecution is first remanded.
How could the relevant statute be MORE clear on the issue of a stay?

BTW, here is the Order, which you also failed to include.
This post was edited on 8/24/23 at 11:17 am
Posted by boosiebadazz
Member since Feb 2008
81072 posts
Posted on 8/24/23 at 11:16 am to
I anticipate crickets from here on out
Posted by loogaroo
Welsh
Member since Dec 2005
33210 posts
Posted on 8/24/23 at 11:51 am to
quote:

As is the norm here, you are screeching about a judicial ruling interpreting a statute, without bothering to read the statute:


I posted and article and offered no opinion.
Posted by Nosevens
Member since Apr 2019
11753 posts
Posted on 8/24/23 at 12:01 pm to
I love the usages of law statutes by the left that should be followed while arguing cases that have zero legitimacy or precedence being brought forth by the left. Tells us booze & Ag what is your opinions on the Ga RICO cases? Is there any specific charges that seem legitimate? As the DA herself stated there is no specific crime, it’s the totality of them that is the crime.
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