Georgia judge rejects Chesebro attempt to have charges dismissed
A state judge in Georgia rejected Trump co-defendant Kenneth Chesebro’s request Friday to have his charges dismissed in the Georgia elections interference case.
Chesebro requested his charges be dismissed because special prosecutor Nathan Wade didn’t file his oath of office paperwork on time, but Fulton County Judge Scott McAfee rejected the request Friday.
“The Defendant has failed to establish how Special ADA Wade’s actions resulted in a prejudice, i.e., how his assignment singlehandedly changed any specific actions taken during the investigation in the true bill of the indictment,” McAfee wrote in his rejection, obtained by CNN.
McAfee wrote that for a defendant to successfully dismiss an indictment, they must establish that a constitutional right had been violated.
Chesebro was described as the fifth co-conspirator in the indictment against former President Trump, for being “an attorney who assisted in devising and attempting to implement a plan to submit fraudulent slates of presidential elections to obstruct the certification process.”
Last month, McAfee denied Chesebro’s attempt to sever his charges from fellow Trump-aligned attorney Sidney Powell, with McAfee saying he didn’t find it necessary to do so to achieve a fair trial. McAfee expressed his concern that District Attorney Fani Willis (D) would be trying all 19 co-defendants charged in the election interference case together.
Trump will not face trial in Georgia alongside Chesebro and Powell, after they filed demands for a speedy trial. McAfee ruled that attorneys for Chesebro and Powell may request voluntary interviews with the grand jurors with some oversight from the court.
Their trial was set to begin Oct. 23. In a press conference Sept. 29, Wade said the state may offer Chesebro and Powell plea deals.