Newly released 'Co-Conspirator 5' memo handed Jack Smith key 'criminal scheme' details: legal experts

A newly released memo proposing 2020 presidential election alternate electors written by lawyer Kenneth Chesebro appears to have handed special counsel Jack Smith a detailed roadmap of acts that can be charged as part of a "criminal scheme" according to three noted legal scholars.

In a column for MSNBC, attorneys Fred Wertheimer, Joshua Kolb and Norm Eisen examined the memo from Chesebro, identified by Smith as "Co-Conspirator 5," and claimed his proposals to create slates of fake electors that mirror what happened and provide valuable evidence of a conspiracy.

As the three wrote, attorney Chesebro made his case for creating alternate slates of electors who would step in with the intent of handing the election to Trump over Joe Biden -- while also admitting that it would likely not stand up to legal scrutiny long after the deed was done.

In their column for MSNBC they wrote, "Now that we have the actual document, we can see precisely how the scheme evolved: from an earlier, perhaps legitimate effort to preserve Wisconsin electors for Trump based on genuine litigation into a nationwide sham," later adding, "In assessing the legality of what Chesebro and his associates were proposing, we should think of these fake electoral certificates the same way we would counterfeit money. What Chesebro, Trump, Eastman and the rest of the alleged conspirators wanted Pence to do seems equivalent to passing phony money."

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Labeling it "a political strategy, cloaked in the garb of the law," they explained, "Ultimately, Chesebro’s memo highlights a theme of the Trump indictment: the corrupting of the legal profession in the service of one man, a coup attempt, and illicit political power."

Noting that there are now calls for Chesebro's disbarment, the attorneys pointed out, "Fundamentally, Jack Smith brought his indictment to uphold the rule of law. His case serves to counteract the allegedly lawless wreckage created, in part, by lawyers like Chesebro — who are officers of the court and swore an oath to protect the rule of law. The newly revealed memo exposes just how deep the corruption was."

You can read the entire op-ed here.