Conservative lawyer Kenneth Chesebro became the third Donald Trump co-defendant to plead guilty in the Georgia racketeering case, and legal experts agree that's bad news for the former president and his allies.
Chesebro admitted to one count of conspiracy to commit filing false documents, but will avoid prison time because he agreed to cooperate with investigators, which could move them closer to Trump and his inner circle including Rudy Giuliani and John Eastman.
Campaign lawyer Sidney Powell reached a similar deal Thursday and agreed to testify, while bail bondsman Scott Hall pleaded guilty last month and agreed to assist prosecutors.
"Chesebro's plea is very significant," said former U.S. attorney Barbara McQuade on X. "As architect of fake electors scheme, he can testify about election fraud scheme against Eastman, Trump."
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Legal analyst Lisa Rubin said prosecutors were eager to avoid a trial that had been scheduled to start Friday for Chesebro and Powell to save money for taxpayers and for strategic reasons.
"A trial would have consumed the existing team for months while others litigate pretrial motions and discovery issues with the remaining defendants," Rubin wrote. "But most importantly, it would have given those defendants — including Rudy, Eastman, Meadows, & Trump — a preview of the DA’s case."
Prosecutors also must believe that Chesebro's testimony would be valuable in prosecuting the former president and his top allies.
"Chesebro’s value as a witness cannot be underscored," Rubin wrote. "He is the real mastermind of the fake elector strategy and worked with multiple co-defendants — Rudy, Trump, campaign director of Election Day operations Mike Roman, and of course, the better known John Eastman — to execute it."
Ryan Goodman, former special counsel for the Defense Department and co-editor-in-chief for Just Security, said Chesebro's plea agreement specifically implicated Trump and other key co-defendants.
"The key is who he can most implicate," Goodman said. "1. Giuliani (including getting false electors knowing was NOT contingent on litigation) 2. Eastman (desperately unconstitutional Pence plan). A giant step closer to and very bad legal news for Trump. In court proceeding, Chesebro just admitted specific set of facts that squarely implicates Giuliani most directly. Both state and federally. Look also at the Georgia charge (Count 15) itself, and the names of co-conspirators: Trump, Giuliani, Eastman, Roman, others."
Chesebro also presents a threat to Trump in the special counsel prosecution for Jan. 6-related offenses in federal court.
"Chesebro's plea is a big deal with Fani Willis. But it may be a bigger deal for Jack Smith," said former U.S. attorney Joyce Vance. "Team Trump ran the fake elector scheme in multiple states & Chesebro was the architect."
Both Powell and Chesebro were high-ranking members of Trump's orbit who, as attorneys, have direct knowledge and documents outlining the conspiracy with other defendants.
"DA Fani Willis does not have to show all of her cards in a trial yet," said legal analyst Katie Phang. "So there is a trove of evidence that we haven't seen publicly And, most importantly, these guilty pleas further show Trump did not win the 2020 election; Pres. Biden did. And Powell and Chesebro conspired with Trump to promote a lie and to subvert democracy."
The guilty pleas for two of Trump's attorneys undermines much of his legal defense.
"Ken Chesebro just admitted the legal basis for Trump’s attempt to overturn the election was criminal," said Norm Eisen, a senior fellow at the Brookings Institute. "Sidney Powell yesterday admitted the factual basis for was false and criminal. Trump is toast."
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