ATLANTA — In a recent decision, the judge presiding over the election interference case in Georgia involving Donald Trump and several co-defendants denied former Trump campaign lawyer Kenneth Chesebro’s bid to overturn his guilty plea.
The legal troubles for Chesebro, Trump, and 17 others began when they were indicted in August 2023, facing accusations of being part of a broader scheme aimed at reversing Trump’s defeat in the 2020 presidential election within Georgia. After reaching a plea deal with prosecutors just before his trial was scheduled, Chesebro admitted guilt to a single conspiracy count a few months after the indictment.
Chesebro’s attorney sought to invalidate this plea, arguing before Fulton County Superior Court Judge Scott McAfee that the decision made in September to dismiss the charge to which Chesebro pleaded guilty violated his client’s constitutional rights regarding due process. However, Judge McAfee rebuffed this motion, stating it was procedurally flawed and that he lacked the authority to grant such a request.
In his ruling, McAfee pointed out that although Chesebro’s filing aimed to challenge the legitimacy of the indictment, he had already entered a plea of guilt in response to it. While Chesebro had previously raised pretrial challenges before pleading, he did not present the specific argument that led to the subsequent dismissal of the charge.
Chesebro’s attorney also characterized the filing as potentially qualifying as a “motion in arrest of judgment.” However, McAfee noted that there had been no formal judgment against Chesebro because he was sentenced under Georgia’s First Offender Act, which suspends further proceedings as long as the charge is pending until the completion of the sentence. If Chesebro fulfills the probation conditions without any violations or new offenses, his criminal record will be expunged.
The judge found the request to be untimely as well since any motion in arrest of judgment should typically be submitted during the same term when the judgment is issued.
In response to McAfee’s ruling, Arora indicated he had addressed the judge’s concerns but acknowledged that the request was ultimately denied. He plans to pursue a habeas corpus motion, a legal action that allows for challenging a conviction, hoping to successfully invalidate Chesebro’s plea through that route.
Prosecutors have alleged that Chesebro was involved in a scheme orchestrating for a group of 16 Republican officials in Georgia to sign a fraudulent certificate claiming that Trump had secured a victory in the state, thus designating themselves as the legitimate electors. In October 2023, Chesebro pleaded guilty to one felony count of conspiracy to commit filing false documents tied to that certification which was submitted to the federal court in Atlanta.
He became one of four individuals to plead guilty in connection with the case since the indictment was issued, while the remaining defendants have entered not guilty pleas. Currently, legal proceedings against Trump and the other defendants are substantially paused, pending a pretrial appeal regarding an order that allows Fulton County District Attorney Fani Willis to remain involved in the case, despite claims of a conflict of interest from defense attorneys.
Even with a favorable ruling from the appeals court for Willis, the trajectory of the case involving Trump remains uncertain, particularly with his anticipated swearing-in as president scheduled for the upcoming month.