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Reason
Reason
Politics
Josh Blackman

Trump To Remove Criminal Prosecution To Federal Court

In Civil Procedure, law students learn about 28 U.S.C. § 1441. This statute (generally) allows a defendant to remove a case filed in state court to federal court if there is complete diversity of citizenship or if there is a federal question on the face of the complaint. If the federal court finds that federal jurisdiction is lacking, the case is "remanded" back to state court. Critically, that order cannot be appealed to the federal circuit court.

But there is another path to remove a case to federal court: 28 U.S.C. 1442. This statute permits removal of a case involving a federal officer from state court to federal court:

(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.

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