Georgia Judge Rejects Pro-Trump Lawyer’s Motion to Dismiss RICO … – The Messenger
Just days away before jury selection begins in the Georgia trial of Kenneth Chesebro, the state judge presiding in his case on Wednesday denied two pre-trial motions from the former election lawyer for former President Donald Trump.
Both motions centered on Chesebro's communications in the wake of the 2020 presidential election. In one, he argued the charges against him should be dismissed because his communications about the election were protected by the First Amendment. In another, Chesebro sought to have his memoranda and emails excluded from the trial, arguing they are protected under attorney-client privilege.
Fulton County Superior Court Judge Scott McAfee denied both motions in separate orders Wednesday.
"The attorney-client privilege does not extend to communications concerning proposed infractions of the law in the commission of a crime or the perpetration of a fraud," McAfee wrote in the order denying Chesebro's motion to exclude his emails and memoranda.
In his separate order denying Chesebro's effort to dismiss charges on First Amendment grounds, McAfee wrote that the motion was "premature" at the pre-trial stage. Chesebro's First Amendment arguments were joined by fellow Trump attorney and co-defendant Sidney Powell.
The judge's two orders Wednesday followed a separate order Tuesday denying 11 different motions Chesebro and Powell filed seeking dismissal of charges they are facing.
Jury selection for the trial of Chesebro and Powell is currently scheduled to begin Friday. The two former Trump election attorneys are facing trial ahead of the other defendants after requesting expedited proceedings under Georgia's Speedy Trial Act.
Powell and Chesebro have pleaded not guilty to seven state felony counts against them in the election-racketeering indictment that also included charges against former President Donald Trump and 16 others.
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Georgia Judge Rejects Pro-Trump Lawyer's Motion to Dismiss RICO ... - The Messenger
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