Trump Judges Deal Blow to His Co-Defendant in Georgia Case

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Jeffrey Clark, one of Donald Trump's co-defendants in the Fulton County, Georgia case, received a legal blow this week from two judges appointed by the former President.

On Thursday, a panel of three judges in the 11th Circuit U.S. Court of Appeals denied Clark's motion to stay his Fulton County case as he attempts to move the case to federal court. Two of the judges on the panel, Robert J. Luck and Andrew Brasher, were previously appointed to office by Trump. The third judge, Robin S. Rosenbaum, was appointed by former President Barack Obama.

In a previous motion by Clark's attorneys, they argued that "it makes no sense for trial in Fulton County, Georgia to go forward while the Eleventh Circuit cogitates on whether the case should be in that forum or this one." Clark's appeal sought to pause his trial in Fulton County while the 11th Circuit Court considered his appeal to have the case moved to federal court. Clark previously served as an environmental lawyer in the U.S. Department of Justice.

Jeffrey Clark
Jeffrey Clark, former Acting Assistant Attorney General, testifies during a January 6th field hearing on June 13, 2023, in Washington, D.C. On December 21, 2023, Clark received a legal blow from two judges appointed by... Michael A. McCoy/Getty Images

Clark was one of the numerous defendants named in a Fulton County indictment alongside Trump for alleged attempts to overturn the results of the 2020 election. Trump and 18 other co-defendants were named in the indictment and also accused of violating Georgia's Racketeer Influenced and Corrupt Organizations (RICO) Act.

Trump and Clark have both maintained their innocence in the case, while some other co-defendants, such as Sidney Powell, Jenna Ellis and Kenneth Chesebro, reached plea deals in the case.

"The SPGJ [Special Purpose Grand Jury] proceedings ended when the investigation ended. The Fulton County District Attorney then impaneled a distinct grand jury—one that had the power to issue criminal indictments—and that grand jury returned the indictment against Mr. Clark. So, the proceedings are not 'ancillary' to one another, and Clark cannot rely on the SPGJ proceedings to obtain an automatic stay," the three-judge panel wrote in their filing denying Clark's motion.

Former deputy assistant attorney general, Harry Litman, previously speculated that Clark could be one of Trump's co-defendants in the Fulton County case to turn on the former president.

"This could have an effect on the dynamic in Fulton County. The 3 lawyers who pleaded all structured their pleas to minimize the collateral risk of losing licenses to practice. Now that Clark is facing same, he may be looking to cut a deal w/ Fani Willis's office," Clark wrote in a post on X, formerly Twitter, last month. The post included a court filing detailing that Clark will be facing a bar discipline trial.

Newsweek reached out to Clark's attorney via email for comment.

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About the writer

Matthew Impelli is a Newsweek staff writer based in New York. His focus is reporting social issues and crime. In January 2023, Matthew traveled to Moscow, Idaho where he reported on the quadruple murders and arrest of Bryan Kohberger. Matthew joined Newsweek in 2019 after graduating from Syracuse University. He also received his master's degree from St. John's University in 2021. You can get in touch with Matthew by emailing m.impelli@newsweek.com. Languages: English.


Matthew Impelli is a Newsweek staff writer based in New York. His focus is reporting social issues and crime. In ... Read more