Ex-Trump Lawyer Kenneth Chesebro Seeks to Nullify Georgia Guilty Plea

Former Trump campaign lawyer Kenneth Chesebro has requested a Georgia court invalidate his guilty plea in his 2020 election interference case.

The 63-year-old’s motion, filed Wednesday, argues that his original guilty plea to a conspiracy charge is invalid because the count was later dismissed by the court, rendering the outcome unconstitutional.

Chesebro, one of 19 defendants charged in the sprawling case, admitted guilt in October 2023 to a single count of conspiracy to commit filing false documents.

His plea came as part of an agreement reached shortly before his trial was set to begin.

Prosecutors alleged he played a central role in a scheme to submit a false slate of electors falsely declaring once-and-future President Donald Trump the winner of Georgia in the 2020 election.

Dismissing Guilty Plea ‘A Constitutional Necessity’

The plea has been called into question following a September ruling by Fulton County Superior Court Judge Scott McAfee.

The judge determined that Georgia lacked jurisdiction to prosecute the specific conspiracy count to which Chesebro had pleaded guilty, as it pertained to filings submitted to a federal court.

Punishing someone for filing certain documents with a federal court would “enable a state to constrict the scope of materials assessed by a federal court and impair the administration of justice,” McAfee wrote in the ruling.

Chesebro’s attorney, Manny Arora, argued in the filing that maintaining the plea would violate his client’s due process rights.

“In Georgia, a defendant cannot plead guilty to a charge that does not constitute a crime,” he said, adding that invalidating the plea was a constitutional necessity.

Conflict of Interest Claims

The broader Georgia case has faced numerous legal challenges since it was filed in August 2023.

The indictment, spearheaded by Fulton County District Attorney Fani Willis, accuses the defendants of engaging in a coordinated effort to overturn Trump’s loss in the 2020 election.

Trump and several codefendants, who have pleaded not guilty, have sought to disqualify Willis from the case.

A conflict of interest led them to suggest her judgment could have been influenced by a prior relationship with a special prosecutor involved in the investigation, Nathan Wade.

Willis and Wade have acknowledged that they had a relationship but have said it began after he was hired and ended before the indictment against Trump was filed.

Trump Team Pushes Immunity

This case represents one of four criminal prosecutions involving Trump.

Two federal cases were recently dropped by U.S. Department of Justice special counsel Jack Smith, citing long-standing department policy that shields sitting presidents from prosecution.

The President-elect is also appealing a Manhattan conviction for falsifying business records, arguing it disrupts the presidency.

Chesebro’s attempt to nullify his plea comes amid growing scrutiny over the constitutionality of prosecuting certain aspects of the Georgia case.

Trump’s attorneys have filed a notice with the Georgia Court of Appeals, arguing that his status as president-elect grants him immunity from criminal proceedings at the state or federal level.

The appeal over Willis’ participation in the case is pending but must be resolved by March 2025.

This article includes reporting from The Associated Press