Mark Meadows files emergency motion to 'prohibit' arrest in Georgia 2020 election case

Former White House chief of staff Mark Meadows is asking the federal court to intervene in moving his deadline to surrender in the Georgia election RICO indictment.

Fulton County District Attorney Fani Willis gave Meadows, former President Donald Trump and 17 other defendants until noon Aug. 25 to turn themselves into Fulton County authorities.

Meadows asked for "a modest extension of that [Friday at Noon] deadline," and had hoped to "be prepared to meet and confer … immediately following the federal court hearing—which is scheduled for less than one business day after the current deadline"—to "discuss the best path forward based on the outcome of the hearing, including a prompt voluntary surrender in Fulton County, if appropriate."

Willis dismissed that request out of hand, replying that she is not giving any extensions. That opens up for the possibility of his being arrested if he does not comply and the federal court does not step in.

Last week, Meadows’ attorney, George Terwilliger, argued in a federal filing that the actions attributed to Meadows in the indictment were not inherently criminal. He said arranging meetings in the Oval Office, contacting state officials on behalf of the President, visiting state government buildings, and facilitating phone calls for the President are all part of the Chief of Staff’s responsibilities and should be expected.

U.S. District Judge Steve Jones, in a ruling issued on Wednesday, stated that DA Willis will be given a chance to respond to the matter in writing. An evidentiary hearing will then be held on Monday, Aug. 28 at 10 a.m. That is three days after the 19 co-defendants must turn themselves into the Fulton County Jail.

The federal judge further ordered "proceedings may continue in the Superior Court of Fulton County, Georgia" until a ruling is rendered on the matter.

Over the weekend, Meadows filed a motion arguing he should be immune to state prosecution under the constitution’s supremacy motion. The clause stops states from interfering with federal officials when they are carrying out executive duties.

WASHINGTON, DC - JULY 31: White House Chief of Staff Mark Meadows speaks during a news briefing at the James Brady Press Briefing Room of the White House July 31, 2020 in Washington, DC. Meadows spoke on the new COVID-19 stimulus package that is bein

Additionally, the motion argues that Meadows is protected under the First Amendment.

Meadows supported Trump when he represented North Carolina’s 11th congressional district. He replaced Mick Mulvaney as the chief of staff in early 2020, just before the COVID-19 pandemic. He fiercely defended Trump while serving as chief of staff and was a central figure in the Jan. 6 hearings.

The Associated Press contributed to this report.