Having considered the arguments put
forth by the Parties, the evidence submitted at the evidentiary hearing, and the
briefing on this matter, the Court now enters this Order concluding that the Court
lacks federal jurisdiction over Meadows’s criminal prosecution.
To determine whether Meadows is able to remove based on federal officer
jurisdiction pursuant to 28 U.S.C. § 1442(a)(1), the Court must answer the
following questions: (1) whether Meadows was a federal officer during the time
of the allegations in the Indictment, (2)
whether the charged conduct in the
criminal prosecution were undertaken for or related to Meadows color of office,
and (3) whether Meadows has put forth a colorable federal defense for the
criminal prosecution.
To establish a RICO conspiracy the State only need prove that any
co-conspirator committed one overt act in furtherance of the conspiracy, whether
the overt act was specifically charged in the Indictment or not. In other words,
the State can prove its RICO charge against Meadows by showing any one of his
co-Defendants committed any overt act in furtherance of the conspiracy—
whether that overt act is in the Indictment or not.
While the Indictment’s named overt acts are not elements of the RICO
conspiracy charged, the Court still finds that they are relevant evidence of
whether Meadows’s association with the enterprise related to his role as White
House Chief of Staff.
The Court acknowledges that, even though it was not required, the State
chose to include these overt acts in the Indictment. Unsurprisingly, Meadows
structured his evidentiary presentation to the Court and his briefing around the
eight overt acts in which he is mentioned. Following the hearing, the Court itself
ordered supplemental briefing on the issue of whether a finding that some, but
not all overt act(s) involving Meadows acting under color of federal office was
enough to trigger the removal statute. And to be sure, defining
Meadows’s “act” as associating with the alleged RICO conspiracy does not
preclude assessing the overt acts alleged. Accordingly,
the
Court’s subsequent discussion of the “relating to” requirement for federal officer
removal includes an analysis of the overt acts in order to determine whether
Meadows’s association with the alleged conspiracy (the conduct for which he
was charged) related to the scope of his federal duties.
Because the inquiry hinges on whether Meadows’s association with the
conspiracy related to the color of his office, however,
jurisdiction is not conferred
simply because a single overt act relates to Meadows’s federal office. After all,
the Indictment alleges a series of associative acts spanning over a year, and the
overt acts attributed to Meadows span three months.