A court filing from the office of Fulton County District Attorney Fani Willis argued that defendant Kenneth Cheseboro could not have so-called "fake" elector documents suppressed based on attorney-client privilege.
The document, filed on Monday, said that Cheseboro "has not made a showing that he has engaged in an attorney-client relationship or that the memoranda and emails qualify for protection substantively."
The filing included five exhibits that Willis said demonstrate Cheseboro's role as an architect of a plot to overturn the 2020 presidential election using slates of false electors.
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Attorneys for Cheseboro have said that they believe the documents are protected by attorney-client privilege.
"Defendant has not made a showing that he has engaged in an attorney-client relationship or that the memoranda and emails qualify for protection substantively," Willis stated in the filing. "Further, any attorney-client privilege or work product protection has been waived by their dissemination outside any attorney-client relationship."
"Finally, the crime-fraud exception applies as these memoranda were the basis for Defendant and his co-conspirators attempt to overturn the 2020 presidential election and in particular, to submit a scheme in which to create false electoral college documents to disrupt and delay the joint session of Congress on January 6, 2021."
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Willis and attorneys for Cheseboro were expected to present their arguments before Fulton County Superior Court Judge Scott McAfee on Tuesday afternoon.
Cheseboro has asked for a "speedy" trial along with defendant Sidney Powell. Other co-defendants, including former President Donald Trump, have not asserted their right to a quick trial.
