Ex-Trump Campaign Attorney Claims Fulton County Case Relies on Illegal Evidence.
Kenneth Chesebro, the attorney who represented the Trump Campaign during their challenge of the 2020 elections, is now fighting back against the Fulton County District Attorney’s office. He claims that they are violating attorney-client privilege in their case against him, former President Donald Trump, and 17 other defendants. In his recent filings, Chesebro is seeking to dismiss the charges against him, arguing that they are based on emails protected by attorney-client privilege. He wants any illegally obtained evidence to be thrown out.
The 19 co-defendants, including Chesebro, have been charged with violating Georgia’s Racketeer Influenced and Corrupt Organizations Act, as well as 40 other charges, related to their actions in contesting the 2020 election results.
Chesebro had provided legal advice to the Trump Campaign regarding the use of alternate slates of electors in states where they were challenging the results. The prosecutors claim that Chesebro and others involved committed fraud. However, Chesebro and several others argue that the indictment fails to show any evidence of fraud or the other crimes they have been charged with. All 19 defendants have pleaded not guilty.
According to the motions filed, the prosecutors plan to introduce five emails between Chesebro and the Trump Campaign as evidence. Four of these emails were mentioned in the 98-page indictment, which describes Chesebro’s communications as overt actions to further a conspiracy. The fifth email was leaked to the press. Chesebro argues that these emails are privileged communications between lawyers representing a client and should be protected by attorney-client privilege.
The leaked emails outline a plan to challenge the election results in court and discuss various strategies, including potential appeals to the Supreme Court. They also mention the involvement of then Vice President Mike Pence in counting the electoral votes in Congress. Chesebro argues that these emails simply discuss strategies for the Trump Campaign’s litigation and do not constitute a crime or fraud.
Chesebro points out that the crime-fraud exception to attorney-client privilege requires the prosecution to demonstrate that a crime has already been committed and that the correspondence furthered the fraud or crime. He argues that the leaked email, which was still privileged, is the only evidence submitted by the prosecution. In Georgia law, the exception cannot be made solely based on a charge of fraud.
The leaked email became evidence in a separate trial involving John Eastman, another lawyer for President Trump during the election challenge. Eastman is facing disbarment in California for his actions, including his work with the Trump Campaign. Chesebro notes that the leaked email was deemed privileged in the California federal court but lost its protection when it was leaked to the media.
Chesebro is requesting that all legal memos be excluded from evidence in the Fulton County case. He is also filing a motion to quash evidence obtained through search warrants that violated Georgia law. In a previous search warrant, a judge authorized the seizure of Chesebro’s MSN email account, which contained emails sent to the Trump Campaign and other attorneys. Chesebro argues that these communications are protected and that the prosecution obtained them unlawfully.
Chesebro’s attorneys were not given the opportunity to review the material obtained through the search warrant, and they argue that such evidence is illegal. Chesebro is determined to protect attorney-client privilege and fight against the charges brought against him and the other defendants.
To what extent should attorney-client privilege be protected in cases involving discussions of illegal and fraudulent actions?
Otential strategy of using alternative slates of electors in certain states to challenge the election results. Chesebro contends that discussing legal strategies and tactics with a client is a fundamental aspect of legal representation and should be shielded from disclosure. He argues that allowing the prosecution to use these emails as evidence would undermine the sanctity of attorney-client privilege and set a dangerous precedent for future cases.
Furthermore, Chesebro asserts that the emails were obtained illegally and therefore should be deemed inadmissible. He claims that his privacy rights were violated and that the prosecutors engaged in misconduct by unlawfully seizing and using the emails without proper authorization or consent.
The Fulton County District Attorney’s office, on the other hand, argues that attorney-client privilege does not apply in this case because the emails in question pertain to discussions about potentially illegal and fraudulent actions. They contend that any privilege that may have existed was waived when the client and attorney discussed such activities.
This legal battle raises important questions about the extent of attorney-client privilege and its limitations, particularly in cases involving alleged criminal conduct. While attorney-client privilege is a vital protection that ensures open and confidential communication between lawyers and clients, it is not absolute and can be overridden under certain circumstances, such as when the communication involves ongoing or planned illegal activities.
The outcome of this case will have significant implications not only for the defendants but also for the legal profession as a whole. If the court rules in favor of Chesebro and dismisses the charges against him, it could reinforce the importance of attorney-client privilege and reaffirm its role as a cornerstone of the justice system. Conversely, if the court allows the emails to be used as evidence and rejects Chesebro’s claims of privilege, it could establish a precedent that limits the protection afforded to attorneys and their clients in similar cases.
It remains to be seen how the court will rule on this matter, but in the meantime, Kenneth Chesebro remains steadfast in his fight to protect the confidentiality of attorney-client communications. As this legal battle unfolds, it serves as a reminder of the complex and ever-evolving nature of the law and the ongoing tensions between individual rights and the pursuit of justice.
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