[PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 23-13368 Non-Argument Calendar ____________________

STATE OF GEORGIA, Plaintiff-Appellee, versus JEFFREY BOSSERT CLARK,

Defendant-Appellant.

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Appeal from the United States District Court for the Northern District of Georgia D.C. Docket No. 1:23-cv-03721-SCJ ____________________ USCA11 Case: 23-13368 Document: 44-1 Date Filed: 10/24/2024 Page: 2 of 29

2 Opinion of the Court 23-13368

Before WILLIAM PRYOR, Chief Judge, and ROSENBAUM and GRANT, Circuit Judges. PER CURIAM: Jeffrey Clark appeals the order remanding his state criminal prosecution for conspiring to interfere in the 2020 presidential elec- tion and denying his request to remove the special purpose grand jury proceeding that preceded his criminal indictment. Clark ar- gues that he is entitled to remove his state prosecution based on federal-officer jurisdiction, 28 U.S.C. § 1442(a)(1), and the special purpose grand jury proceeding based on federal-question jurisdic- tion, id. §§ 1331, 1441(a). We affirm. I. BACKGROUND Jeffrey Clark served as the Assistant Attorney General for the Environmental and Natural Resources Division of the Department of Justice and as the Acting Assistant Attorney General for the De- partment’s Civil Division when former President Donald Trump lost his bid for reelection in November 2020. In May 2022, a special purpose grand jury was impaneled in Fulton County, Georgia, to conduct a criminal investigation into “possible attempts to disrupt the lawful administration of the 2020 elections in” Georgia and to prepare a report and recommendation “concerning criminal pros- ecution as it shall see fit.” See O.C.G.A. § 15-12-100. In January 2023, after issuing its final report, the special purpose grand jury was dis- solved. See id. § 15-12-101(b). The final report was published. USCA11 Case: 23-13368 Document: 44-1 Date Filed: 10/24/2024 Page: 3 of 29

23-13368 Opinion of the Court 3

On August 14, 2023, a distinct Fulton County grand jury charged Clark, Trump, and 17 other defendants with crimes relat- ing to election interference in the 2020 presidential election. The indictment charged Clark with violating two state laws: the Geor- gia Racketeer Influenced and Corrupt Organizations Act, id. § 16-14-4(c), and criminal attempt to commit false statements and writings, id. §§ 16-4-1, 16-10-20. The indictment alleged that Clark committed these crimes by knowingly and willfully making a false writing stating that the Department had identified “significant con- cerns that may have impacted the outcome of the election in mul- tiple States, including the State of Georgia” and by asking two De- partment officials to join him in signing and issuing the false writ- ing to Georgia officials. Clark filed a notice of removal in the district court, see 28 U.S.C. § 1455, based on federal-officer jurisdiction, see id. § 1442(a)(1). He argued that he “was a high-ra