Judge Denies Request by Ex-Trump Lawyer to Nullify Guilty Plea

A judge in Georgia on Friday denied a request made by Kenneth Chesebro, a former campaign lawyer for President-elect Donald Trump, who sought to nullify his guilty plea in an elections case.

The Case

Chesebro, along with Trump and 17 others, was indicted in August 2023 in a sweeping case alleging he was involved in a scheme to illegally overturn Trump’s 2020 election defeat in Georgia. Chesebro pleaded guilty to a single conspiracy charge months later after striking a deal with prosecutors shortly before his trial was set to begin.

Chesebro’s attorney recently requested Fulton County Superior Court Judge Scott McAfee to void the plea deal after McAfee dismissed the charge Chesebro pleaded guilty to back in September. Defense lawyer Manny Arora argued that upholding the plea would violate Chesebro’s constitutional right to due process.

Judge’s Ruling

McAfee denied the request, stating in his order that the motion was defective “in more ways than one.”

The judge pointed out that while Chesebro’s filing questions the validity of the indictment, he had “already submitted a plea in response to this indictment—one of guilt.” Although Chesebro filed a pretrial challenge before entering his plea, he did not raise the argument that ultimately led the judge to dismiss the charge.

Arora argued that his request could be treated as a “motion in arrest of judgment.” However, McAfee noted that no formal judgment had been issued against Chesebro, as he was sentenced under Georgia’s First Offender Act. The law “defers further proceedings while the charge remains pending for the duration of the sentence.” If Chesebro successfully completes his probation without violating its terms or committing another offense, his record will be cleared.

McAfee also ruled that the request was filed too late, explaining that a motion in arrest of judgment must be submitted during the same term in which the judgment is entered. When asked for comment by The Associated Press, Arora said in an email that he was traveling for another case and had not yet reviewed McAfee’s ruling.

Election Interference Allegations

Prosecutors allege that Chesebro was involved in a scheme in which 16 Georgia Republicans signed a certificate falsely claiming that Trump had won the state and declaring themselves as Georgia’s “duly elected and qualified” electors.

In October 2023, Chesebro pleaded guilty to one felony count of conspiracy to commit filing false documents in connection with submitting that certificate to federal court in Atlanta.

Chesebro was one of four individuals who pleaded guilty in the case in the months following the indictment. The remaining defendants have entered not guilty pleas.

The case against Trump and the remaining defendants is largely on hold as a pretrial appeal is underway regarding a ruling that allows Fulton County District Attorney Fani Willis to continue overseeing the case, despite defense claims of a conflict of interest.

This article includes reporting from The Associated Press.