28 U.S. Code § 1442 - Federal officers or agencies sued or prosecuted
(a) A civil action or criminal prosecution that is commenced in a State court and that is against or directed to any of the following may be removed by them to the district court of the United States for the district and division embracing the place wherein it is pending:
(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.
(2) A property holder whose title is derived from any such officer, where such action or prosecution affects the validity of any law of the United States.
(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;
(4) Any officer of either House of Congress, for or relating to any act in the discharge of his official duty under an order of such House.
(b) A personal action commenced in any State court by an alien against any citizen of a State who is, or at the time the alleged action accrued was, a civil officer of the United States and is a nonresident of such State, wherein jurisdiction is obtained by the State court by personal service of process, may be removed by the defendant to the district court of the United States for the district and division in which the defendant was served with process.Trump was served in Florida I think.
If Trump moves to move the Georgia case, it would be tried in the Atlanta Federal District Court, not Florida. Process service just means that whoever is bringing the charges against a defendant has to make every attempt to track down the defendant and serve them with papers. The man could've been living in a different country, or even visiting a different country when the indictment was filed, and Willis would've still been compelled under the color of law to serve him wherever he is located.
I'm going thru this process right now with my divorce. I live in FL, she lives in Washington State, but I have to make every attempt to locate and deliver papers to her. But the case will be tried in FL, because that's where the motion is filed. It's the same in criminal cases.
Wherever the charges are filed, that's where the case will be tried. In a RICO suit, because Federal suits supercede State suits in RICO cases, he can file a motion to have it moved to the Federal Jurisdiction where the SState suit was filed. In this case, Atlanta.
Regardless, it's highly doubtful he's gonna get a fair trial wherever it's held. And it would be foolish if him to have it moved to Palm Beach County's Federal Jurisdiction. S.FL is even more liberal than Atlanta.
Interesting:
28 U.S. Code § 1442 - Federal officers or agencies sued or prosecuted
(a) A civil action or criminal prosecution that is commenced in a State court and that is against or directed to any of the following may be removed by them to the district court of the United States for the district and division embracing the place wherein it is pending:
(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.
(2) A property holder whose title is derived from any such officer, where such action or prosecution affects the validity of any law of the United States.
(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;
(4) Any officer of either House of Congress, for or relating to any act in the discharge of his official duty under an order of such House.
(b) A personal action commenced in any State court by an alien against any citizen of a State who is, or at the time the alleged action accrued was, a civil officer of the United States and is a nonresident of such State, wherein jurisdiction is obtained by the State court by personal service of process, may be removed by the defendant to the district court of the United States for the district and division in which the defendant was served with process. Trump was served in Florida I think.
If Trump moves to move the Georgia case, it would be tried in the Atlanta Federal District Court, not Florida. Process service just means that whoever is bringing the charges against a defendant has to make every attempt to track down the defendant and serve them with papers. The man could've been living in a different country, or even visiting a different country when the indictment was filed, and Willis would've still been compelled under the color of law to serve him wherever he is located.
I'm going thru this process right now with my divorce. I live in FL, she lives in Washington State, but I have to make every attempt to locate and deliver papers to her. But the case will be tried in FL, because that's where the motion is filed. It's the same in criminal cases.
Wherever the charges are filed, that's where the case will be tried. In a RICO suit, because Federal suits supercede State suits in RICO cases, he can file a motion to have it moved to the Federal Jurisdiction where the SState suit was filed. In this case, Atlanta.
Regardless, it's highly doubtful he's gonna get a fair trial wherever it's held. And it would be foolish if him to have it moved to Palm Beach County's Federal Jurisdiction. S.FL is even more liberal than Atlanta.