Kenneth Chesebro, a former lawyer for Donald Trump’s campaign, has asked a Georgia court to cancel his guilty plea in the case involving attempts to interfere with the 2020 election.
Chesebro, 63, filed a motion on Wednesday arguing that his guilty plea is invalid. He says that the charge he pleaded guilty to was later dismissed by the court, making his plea unconstitutional.
In October 2023, Chesebro admitted to a conspiracy charge related to submitting false documents in Georgia. This plea was part of an agreement made just before his trial was set to start.
Prosecutors claimed Chesebro helped plan a scheme to submit fake electors to declare Donald Trump the winner of Georgia in the 2020 election.
The question about his plea arose after a ruling in September by Judge Scott McAfee, who said Georgia did not have the authority to prosecute Chesebro for the conspiracy charge. This was because the false filings were made in a federal court, not a state court. McAfee argued that prosecuting someone for such filings could interfere with federal court processes.
Chesebro’s lawyer, Manny Arora, argues that since the charge is no longer valid, the guilty plea should be canceled, as it would violate his client’s due process rights.
The case, which involves multiple defendants, accuses them of trying to overturn Trump’s election loss in Georgia. Fulton County District Attorney Fani Willis is leading the case, and Trump and others who have pleaded not guilty have raised questions about her potential conflict of interest due to a past relationship with a special prosecutor involved in the investigation.
This case is part of one of four criminal cases involving Trump. His legal team is also appealing other cases, arguing that his status as a president-elect gives him immunity from criminal prosecution.