Topline
Former Trump attorney Kenneth Chesebro pleaded guilty Friday to one felony charge against him in Fulton County, Georgia, regarding his efforts to overturn the 2020 election, avoiding a trial on the charges against him as jury selection in the case began and becoming the third defendant to take a plea deal in the case.
Attorney Kenneth Chesebro, appears before Judge Scott MacAfee during a motions hearing on Oct. 10 in ... [+]
Key Facts
Chesebro pleaded guilty to conspiracy to commit false documents, taking a plea deal that sentences him to five years of probation, $5,000 in restitution, 100 hours of community service and to “truthfully testify” in other trials in the case.
The plea comes one day after attorney Sidney Powell also took a plea deal in the case, after she was initially set to be tried alongside Chesebro, and he becomes the third defendant to take a plea deal after Powell and bail bondsman Scott Hall.
Chesebro was initially charged with seven felony counts for racketeering, conspiracy to commit impersonating a public officer, conspiracy to commit forgery in the first degree (two counts) and conspiracy to commit false statements and writings (two counts).
Most of the counts against Chesebro concerned his role in what’s known as the “fake electors” scheme, in which the Trump campaign orchestrated a plan for GOP officials in battleground states to vote on “alternate” slates of electors that falsely claimed Trump won the state, which were then submitted to Congress despite Trump not actually winning.
The indictment alleges Chesebro also sent multiple memos advocating for the the fake elector scheme that outlined how it would work, and worked with attorneys John Eastman and Rudy Giuliani on efforts to stop Congress from certifying the vote count on January 6, 2021.
Chesebro had initially pleaded not guilty to the charges against him, alleging he was simply doing his job as a lawyer and that the charges against him are “wholly invalid” because the actions he’s accused of all took place after Georgia submitted its election results to Congress, which means they’d be governed under federal law and not state law.
Crucial Quote
“The bottom line is while Mr. Chesebro and others felt strongly about various things … he gets to get his life back and not spend one day in jail. He was facing very, very serious charges,” Chesebro’s attorney Scott Grubman told reporters Friday after his client pleaded guilty, as quoted by the Messenger. He added he “do[esn’t] think” Trump should be concerned about Chesebro’s plea and that it’s not a certainty the attorney would be called to testify, and noted Chesebro “didn't snitch against anyone. He went in there. He accepted responsibility.”
What To Watch For
Chesebro’s trial was the only trial in the election case that had been scheduled so far, so it’s still unclear when any other defendants in the case who do not take plea deals will go to trial, including Trump. His and Powell’s guilty pleas could help persuade more defendants in the case to similarly plead guilty—particularly as a growing number of defendants are now ordered to “truthfully testify” against them—though that remains to be seen.
What We Don’t Know
What Chesebro’s plea deal means for Trump. Having his former attorney now forced to “truthfully testify” at the trial against him could hurt the former president’s defense, and the terms of Chesebro’s deal also ordered him to turn over more documents in his possession to prosecutors, which Judge Scott McAfee said he had done. Chesebro also worked directly with other key defendants in the case who could be implicated by his testimony, namely Eastman and Giuliani, and if his plea deal inspires more defendants to follow suit, it could help prosecutors build a stronger case against anyone who continues to trial. The attorney’s early trial could have also helped Trump and other defendants if it had moved forward, Reuters noted, as it would have given defendants and their counsel a chance to preview prosecutors’ legal arguments and any witness testimony before they went to court.
Key Background
Chesebro is one of 19 defendants and several key Trump attorneys to have been indicted in Georgia, along with Powell, Giuliani and Eastman. Fulton County District Attorney Fani Willis indicted Trump and his allies on 41 total charges in August following a yearslong investigation, accusing the defendants of racketeering and participating in a widespread criminal conspiracy to “unlawfully change the outcome of the election in favor of Trump.” Chesebro is also believed to be an unnamed co-conspirator in the federal indictment brought against Trump for trying to overturn the 2020 election, but has not been formally charged in that case. The attorney and Powell were the sole defendants who requested a “speedy” trial after being indicted, while others have instead tried to delay the proceedings against them or have them moved to federal court. Prosecutors tried to have all the defendants tried together alongside Chesebro (and, at that time, Powell) rather than split the case up into multiple trials, but McAfee denied that request in September, deciding to split up the cases because trying everyone together would present a number of logistical challenges.
Surprising Fact
Chesebro is the only known co-defendant or Trump attorney to be present at the Capitol building during the January 6, 2021, riot, according to footage obtained by CNN showing him outside the building during the attack. There is no evidence Chesebro entered the Capitol or participated in any violence, but video footage shows him in sections of the Capitol grounds that were cited in an indictment against Infowars host Owen Shroyer as being unlawful to have entered. Chesebro has so far not commented on his apparent participation in the January 6 proceedings, but prosecutors had asked conspiracy theorist Alex Jones, who Chesebro was with during the riot, to testify at his planned trial.
Further Reading
Sidney Powell Pleads Guilty In Georgia Election Case (Forbes)
Ex-Trump Attorney Chesebro Defends Fake Electors In Georgia, Claims They Were ‘Duly Elected’ (Forbes)
Who Is Kenneth Chesebro? The Lesser-Known Trump Attorney Behind 2020 Electors Plot (Forbes)
Trump Attorney Kenneth Chesebro Was Reportedly Outside The Capitol On Jan. 6 (Forbes)
