There is much to be said about the Georgia indictment of Donald Trump and his alleged co-conspirators, but unless I’m missing something, this much seems clear: The case likely won’t be litigated in state court in Georgia but in federal court. Trump tried and failed to move the Manhattan case to federal court, but the argument for moving this one to federal court is much stronger. …

Even if Trump’s efforts in 2020–21 are read narrowly as campaign activities rather than presidential ones, however, then–assistant attorney general Jeffrey Clark is unambiguously charged with criminal liability for acts under color of his office — indeed, acts that Jack Smith also charges as abuses of Clark’s office.

[Laurence Tribe first raised this point yesterday in The Atlantic, with an impassioned plea to the courts to stop it from happening. I do wonder whether Clark can have his trial separated from Trump’s on this point. — Ed]