Jeffrey Clark, the one-time Department of Justice environmental attorney whom Trump may have impetuously named Attorney General pro tem, has filed a motion in federal court to halt the entire prosecution of the RICO case–or at least, the parts concerning him–because he wants the case sent to federal court.
Besides complaining about the condition of the Fulton County Jail–Clark was apparently expecting ClubMed–Clark believes the entire case is just so stressful he could figure out how to buy an airline ticket to Atlanta because all this is making Clark, a lawyer, so flustered he can’t operate properly, so he needs the judge to take some of these tasks off his plate.
The District Attorney and the Fulton County Sheriff (working together with the District Attorney) are stripped of power to order, process, or threaten unilateral arrests without the approval of this Court given the automatic stay commanded by Section 1446(d). And even if the District Attorney and/or Sheriff had this power, no true grace is involved in permitting “voluntary surrender.” The Fulton County Sheriff runs one of the worst jails in the United States, currently under federal investigation for systematic and horrific violations of the constitutional rights of its inmates, so appalling that several inmates have died in custody in the last few months, including one poor soul who was found dead in a filthy cell covered with insect bites. …
Relatedly, Mr. Clark suggests that an emergency briefing schedule be ordered that fits within the additional days provided by granting an administrative stay. It is designed to allow the Court the necessary time to decide the matter such that either Mr. Clark is not required to book a flight to Georgia under such extreme time pressure (and potentially leading to District Attorney Willis making the argument that he has voluntarily accepted that he is subject to the criminal jurisdiction of Fulton County, which Mr. Clark decidedly does not accept), or to give Mr. Clark time to consider his appellate options.