Federal judge denies motion to stay in Fulton County's prosecution of Jeffery Clark

Jeffrey Clark (Fulton County Sheriffs Office)

A U.S. District Court judge has denied a request a motion to stay Georgia's criminal prosecution pending the outcome of an appeal by former Justice Department official Jeffery Clark, who served under former President Donald Trump.

The ruling, handed down by Judge Steve C. Jones on Friday, state Fulton County can move forward with the prosecution of Clark on RICO charges alleging he and 18 others, including Trump, conspired to overturn the 2020 presidential election in Georgia.

Judge Jones previously denied a motion by Clark's attorneys to move the case to federal court with them arguing Clark’s employment with the DOJ at the time gave it jurisdiction. His attorneys are now appealing that denial handed down on October 9 through the Eleventh Circuit of Appeals.

Clark is charged, along with former President Donald Trump and 17 others, accused of participating in a wide-ranging scheme to overturn Democrat Joe Biden’s presidential election victory and keep the Republican Trump in power. Prosecutors say Clark had been told by top department officials that the central claim in a letter he wrote expressing concern about alleged problems in Georgia’s election was false and that he didn’t have the authority to make that claim because it was outside the department’s role.

So far, three defendants in the Fulton County 2020 election RICO case have taken plea deals, including two of Trump's former attorneys.

No word on when the Eleventh Circuit of Appeals will hand down its ruling.