To remove a case on a “color of office” argument, the removing party bears the burden of establishing what’s called the three-part “Mesa test,” from the Supreme Court case by that name,[5] The three-part test requires the defendant to show they: were an “officer, or any person acting under that officer, of the United States” are facing criminal charges “for or relating to any act under color of such office”; and have raised or… [read post]