In Nashville, Tennessee, a former state senator has begun serving a 21-month sentence in federal prison following a guilty plea in a campaign finance violation case. Brian Kelsey, previously a Republican state senator, reported to the Federal Correctional Institution Ashland’s minimum-security satellite camp in Kentucky. Kelsey’s legal troubles began when he admitted guilt in November 2022 to charges related to unlawfully diverting campaign funds from his state legislative seat to support his unsuccessful congressional campaign in 2016.
Initially indicted in October 2021, Kelsey criticized the proceedings as politically motivated, attributing them to the then-Democratic administration of President Joe Biden. However, in October the following year, after a co-defendant pleaded guilty, Kelsey also changed his plea to guilty. His attempt to revoke this plea in March 2023 was rejected by U.S. District Judge Waverly Crenshaw, who was skeptical about Kelsey’s claim of misunderstanding the plea’s implications despite his legal background and previous prominence as a state senator.
Kelsey’s request to retract the guilty plea cited personal distress, pointing to family obligations, including care for newborn twin sons, and the recent passing of his father from pancreatic cancer. Despite these personal challenges, Judge Crenshaw did not allow a plea reversal, believing Kelsey was fully aware of his actions. The judge also dismissed later arguments suggesting prosecutorial misconduct but allowed Kelsey to avoid imprisonment during his appeal process, a decision ultimately ruled against him.
Kelsey recently filed another appeal, asserting poor legal representation and presenting recordings suggesting his innocence, involving testimony from key witnesses such as his co-defendant Joshua Smith and former GOP Representative Jeremy Durham. However, in September, the court upheld its decision, ruling that Kelsey had made an unequivocal guilty plea under oath. Kelsey remains determined in his legal battle, arguing that constitutional violations and alleged governmental misconduct should permit his release during the appeal.
Joshua Smith, who owned a Nashville social club, also pleaded guilty and received a five-year probation sentence under an agreement requiring full cooperation with authorities. The charges against Kelsey and others included the illicit transfer of $91,000, a substantial part of which came from Kelsey’s state Senate campaign and a nonprofit focused on legal justice issues. These funds were allegedly funneled to a national political entity to finance advertisements during Kelsey’s 2016 congressional race, resulting in false campaign finance reports and excessive contributions.
The legal proceedings echo a previous complaint filed with the Federal Election Commission and the Department of Justice by the Campaign Legal Center in 2017. This complaint highlighted the American Conservative Union’s alleged coordination with Kelsey’s campaign. The American Conservative Union has stated its cooperation with the investigation.
Campaign Legal Center’s senior legal counsel, Shanna Ports, reiterated the significance of the case, noting it as a crucial step in ensuring the justice system prioritizes voter rights over unethical political practices, reaffirming that lawmakers are accountable under the law.
Brian Kelsey, a Germantown attorney, began his political career in 2004 as a state representative before being elected to the state Senate in 2009. He opted not to seek re-election in 2022. During his tenure, Kelsey chaired the Senate Judiciary Committee, responsible for oversight of civil and criminal legislative matters. His legal license was suspended following his admission of guilt in 2022.
