Fulton County Superior Court Judge Scott McAfee denied a motion by Trump-aligned lawyer Kenneth Chesebro to exclude certain evidence from his trial in the Georgia election racketeering case, reported Lawfare's Anna Bowers on Wednesday.
According to the report, Chesebro, whom prosecutors argue helped draft documents advising Trump on an illegal plan to block the certification of the 2020 presidential election, asserted that some of his memos and emails were protected under attorney-client privilege.
But McAfee disagreed, pointing out that his case is about whether the advice he gave the former president was legal, meaning that these materials fall under the crime-fraud exception.
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Chesebro, along with fellow pro-Trump attorney Sidney Powell, are scheduled to be tried before former President Donald Trump or the other 16 co-defendants in the Georgia case, owing to their invocation of speedy trial rights.
This comes after Chesebro and Powell filed other failed motions to try to either ensure favorable conditions at trial, or get the charges against them eliminated outright.
For example, earlier this week, McAfee denied motions by the two attorneys to dismiss the case, saying that the charges filed by Fulton County District Attorney Fani Willis are "facially sound as alleged."
