Former Trump Attorney Chesebro Pleads Guilty & Is Cooperating
Yesterday the Kraken. Today the Cheese. Whose flipping tomorrow?
In a somewhat surprising turn of events, the two Trump associates who opted for early trials in the Fulton County RICO case related to attempts to overturn Georgia’s 2020 Presidental vote have both apparently “flipped” (pleading guilty and cooperating with prosecutors in return for reduced sentences). Yesterday, Sidney Powell agreed to a significantly reduced sentence in return for cooperating with the state. Just moments ago, as jury selection in his case was about to begin, former Trump attorney Kenneth Chesebro agreed to a plea deal as well. Here’s the core of the agreement via Politico’s Kyle Cheney:
Chesebro (which, despite spelling and the header image, is pronounced “Chez-borough”) was considered by many as the architect of the alternate elector scheme. Having him plead guilty to “conspiracy to file false documents” helps establish that the scheme generated false documents. Until this point, Chesebro’s lawyers strongly advanced the theory that no crimes had been broken. See this interview with them on an episode of the Lawfare Podcast for more details.
It’s also significant that Chesebro also pled guilty to a felony with more immediate severe ramifications for him. While pleading guilty to misdemeanors means that Powell can be, upon review, potentially disbarred, Chesebro may be automatically disbarred by this decision. [Update: as part of his sentencing, the Judge will rule that “no moral turpitude” was involved in Chesebro’s actions. That is an important statement from a licensing perspective, as it helps prevent any automatic revocation of licenses. But he is not out of the woods yet on this].
Beyond that, having the scheme’s architect turn state’s evidence is not good news for the Trump defense team*. Whereas Powell was somewhat peripherally involved with the core scheme, Chesebro was at the center of it. This is a massive issue for former President Trump and his attorneys. Even though this wasn’t an agreement with Jack Smith’s team, any public testimony by Chesebro can also be used in the case in the Federal prosecution.
* – To be honest, today isn’t a good day for Trump’s legal teams for multiple reasons, including Judge Arthur Engoron threatening to imprison Trump for violating the gag order and a DC Circuit ruling that affirms that it is possible to prove the “corrupt intent” portion of the obstruction statute. The latter case is related to the conviction of a January 6th rioter. While his prosecution is not directly tied to Trump’s, the individual was charged under the same statutes as Trump. This will most likely get fast-tracked for Supreme Court review.
Today’s winner for best comic understatement.
Now Trump should flip and turn state’s evidence against the remaining defendants. You know he would if he could.
ETA: Just saw @Kathy make the same joke on another thread. Great minds.
Well, well, well, this certainly brightens my day. I was concerned that he was building an argument that would get him off on appeal. This seems to nuke a whole lot of them. I wonder what’s hidden in his emails I’m guessing he’s had to turn over.
Hi-ho, the derry-o
The Cheeto stands alone.
Apparently Chesebro along with Alex Jones was at the Capitol on Jan. 6 acting as field generals, deciding where people would be most useful and urging them to go there.
Also, heavily involved in planning the Jan. 6 activities for the Proud Boys and Oath Keepers.
If he is now going to be singing, he has lots to sing about.
@Beth:
Remember all those hot takes second-guessing Fani Willis, as if they not she were the experts on Georgia RICO law?
Oops.
@DK:
Look, I know this is going to go nowhere (we’ve done this dance at least once already), but I feel like it’s necessary to point out that Chesebro didn’t plead guilty to any Georgia RICO Act charges. Neither did Powell.
The only question I had from the beginning was whether or not the kitchen sink approach made sense because of the added challenges to trying a RICO case (heck, just seating the a Jury for one in Georgia–they are nine months into Jury section in the Young Thug case). Narrowing the charges would speed this process up.
Also, it is worth noting that the choice for the Speedy Trial also created a situation that may have ultimately incentivized both sides to reach a plea agreement.
I won’t argue about this beyond these comments (and a position I still stand by). Nor will I throw any additional shade on Fani Willis’s strategy*. Let’s check back on it when we get closer to a trial date being set.
BTW, some of the people bringing up the issue were LITERAL experts on Georgia RICO law (having been at firms defending cases under it that were far less complex).
* – Note I just went back and reviewed my initial post on the topic and I’m not even sure I would characterize any of my questions of Willis’s strategy as “throwing shade.” I outlined why it made sense. And, working off experts on the topic, I highlighted where it could create issues.
@DK: I suspect that Georgia RICO was added mainly to up the weight of the sword of Damocles hanging over them.
It’s one thing when the prosecutors use it in an attempt to frighten some poor slob of a clueless drug junkie; here it was (IMHO) perfectly legitimate.
The judge has to do more than merely threaten. He needs to impose a hefty fine at the next violation, and then order Benito locked up if there’s a further one.
@Kathy: I think the fine, if it is assessed, should be in the form of a percentage of his net worth. Giving Trump the option of going for high net worth or pleading poverty.
It’s amazing the clarity, that facing a trial and your attorney telling you that the evidence to convict is there and your only hope is to get lucky with a juror brings.
@Grumpy realist:
Yes. I’d tolerate prosecutors doing worse to better people, in the name of saving democracy.
Give this crowd of election truthers, and the damage done by their crimes, I think Atlanta prosecutors have been very kind. Powell and Cheesebro got off easy.
Please, oh Lord, let one of the turned have the goods on Mike Flynn.
I don’t ask for much; please grant me this.
Why do you care, damn furriner? some may ask.
Well, mainly it’s because I really dislike generals who were in NATO chains of command turning out to be coupist SOBs.
By the way Matt, you win the internet today for best accompanying photo
@JohnSF:
You and me both. He lives about ten miles from me and is doing his MAGA damndest to screw up my county’s politics as well as the state and nation.
@Grumpy realist:
I disagree. It made sense to charge this under the RICO statute for reasons other than weight. In particular, the statute allows the Prosecutors to bring in a lot of additional actions that took place outside of Georgia.
@MarkedMan:
TY for noticing!
@Scott:
The judge wound up fining Benito $5,000 for not taking down the post that precipitated the whole matter.
I still urge at least several hours locked up at the very next violation.
@Kathy: $5,000? Seems trivial. But I guess it’s a start.
Incidentally, the photo is the cheese-rolling festival at Cooper’s Hill, about five miles from my brothers house.
Half of Gloucester turns up, mostly three sheets to the wind on cider and weed.
Us Brits aren’t really totally mad.
Trust me. 😉
@JohnSF: I knew what it was even though I’ve never had the pleasure. I mean, what’s a few broken bones and concussions between friends? Nothing mad about that
@gVOR10:
It’s trivial if Benito doesn’t appeal it.
Gag orders are against the 1st amendment. The government doesn’t get the right to silent people because they are mean and criticize public servants.
Gag orders are a desperate tool when a case turns against the prosecution. Why didn’t Fani get them to plead to felonies and jail time if she has such a strong case? Fani is stalling as she is afraid to take her RICO cases to trial.