Trump Lawyer Acknowledged Political Agenda in Election Suit … – The New York Times
On Dec. 24, 2020, Kenneth Chesebro and other lawyers fighting to reverse President Donald J. Trumps election defeat were debating whether to file litigation contesting Joseph R. Biden Jr.s victory in Wisconsin, a key swing state.
Mr. Chesebro argued there was little doubt that the litigation would fail in court he put the odds of winning at 1 percent as Mr. Trump continued to push his baseless claims of widespread fraud, according to emails reviewed by The New York Times.
But the relevant analysis, Mr. Chesebro argued, is political.
The emails have new significance because Mr. Chesebro is scheduled to be one of the first two of Mr. Trumps 18 co-defendants to go on trial this month on charges brought by the district attorneys office in Fulton County, Ga. The indictment accused Mr. Chesebro of conspiring to create slates of so-called fake electors pledged to Mr. Trump in several states that Mr. Biden had won.
Mr. Chesebros lawyers have argued that his work was shielded by the First Amendment and that he acted within his capacity as a lawyer. They have called for his case to be dismissed, saying he was merely researching and finding precedents in order to form a legal opinion, which was then supplied to his client, the Trump campaign.
Scott R. Grubman, a lawyer for Mr. Chesebro, said lawyers often argue for positions that are not widely held. For example, any lawyer who has ever filed a pleading challenging existing Supreme Court precedent falls within this category, he said. Maybe a long shot, but far from criminal. In fact, its how the law changes over time.
Mr. Trump has also signaled that one of his possible defenses is that he was simply acting on the advice of his lawyers.
But Mr. Chesebros emails could undercut any effort to show that the lawyers were focused solely on legal strategies. Rather than considering just the law and the facts of the case, Mr. Chesebro made clear he was considering politics and was well aware of how the Trump campaigns legal filings could be used as ammunition for Republicans efforts to overturn the results when Congress met to certify the Electoral College outcome on Jan. 6, 2021.
Just getting this on file means that on Jan. 6, the court will either have ruled on the merits or, vastly more likely, will have appeared to dodge again, Mr. Chesebro wrote in the email chain. He added that a lack of action by the Supreme Court would feed the impression that the courts lacked the courage to fairly and timely consider these complaints, and justifying a political argument on Jan. 6 that none of the electoral votes from the states with regard to which the judicial process has failed should be counted.
Of the chances of success, Mr. Chesebro estimated the odds the court would grant effective relief before Jan. 6, Id say only 1 percent. But he wrote the filing has possible political value.
Mr. Chesebro wrote that it was hard to have enormous optimism about what will happen on Jan. 6, but a lot can happen in the 13 days left until then, and I think having as many states under review both judicially and in state legislatures as possible is ideal.
He said the legal filings could produce a political payoff to bolster the argument that there should at least be extended debate in Congress about election irregularities in each state. He added that the public should come away from this believing that the election in Wisconsin was likely rigged, and stolen by Biden and Harris, who were not legitimately elected.
Responding to the email chain was John Eastman, the conservative lawyer who has also been charged in the Georgia election case. Mr. Eastman said he believed the legal arguments were rock solid but the odds of success were not based on the legal merits, but an assessment of the justices spines. And I understand that there is a heated fight underway.
Mr. Chesebro responded: I particularly agree that getting this on file gives more ammo to the justices fighting for the court to intervene. I think the odds of action before Jan. 6 will become more favorable if the justices start to fear that there will be wild chaos on Jan. 6 unless they rule by then, either way.
Mr. Trump had posted to Twitter days before for his followers to come to the Capitol on Jan. 6, telling them to be there. Will be Wild. Thousands of his supporters stormed the building, injuring at least 150 officers and delaying an official proceeding of Congress.
Other emails that Mr. Chesebro sent are crucial in the Georgia case. On Wednesday, the judge overseeing the case, Scott McAfee, ruled that a handful of emails that Mr. Chesebro sought to shield from evidence are admissible under the crime-fraud exception, the standard by which probable cause has been established that the correspondence or a lawyers advice was used in furtherance of a crime.
Mr. Chesebro and Sidney Powell, another Trump lawyer, are the only ones to seek speedy trials, as Georgia allows. Jury selection is scheduled to begin on Monday.
Photographs and videos reviewed by The New York Times suggest that Mr. Chesebro, a quiet Harvard Law graduate from Wisconsin, was in the crowd outside the Capitol on Jan. 6, 2021. He had spent part of that day closely following the conspiracy theorist Alex Jones, who helped lead a mob toward the building.
Alan Feuer contributed reporting.
Visit link:
Trump Lawyer Acknowledged Political Agenda in Election Suit ... - The New York Times
- Takeaways from the Supreme Courts TikTok decision and what it may mean for the First Amendment - CNN - January 19th, 2025 [January 19th, 2025]
- Oral Argument in TikTok v. Garland: Does the First Amendment Apply, and How? - The Federalist Society - January 19th, 2025 [January 19th, 2025]
- TikTok, HamHom, and the First Amendment - Reason - January 19th, 2025 [January 19th, 2025]
- Supreme Court weighs First Amendment rights and porn in Texas case - NPR - January 19th, 2025 [January 19th, 2025]
- "Strong stand for the First Amendment": TikTok announces U.S. return after Trump promise to stay ban - Salon - January 19th, 2025 [January 19th, 2025]
- FCCs Rosenworcel Takes Parting Swipe at Incoming Trump Administration Over First Amendment - TV Technology - January 19th, 2025 [January 19th, 2025]
- Upholding TikTok ban, Supreme Court attacks First Amendment ahead of Trump inauguration - WSWS - January 19th, 2025 [January 19th, 2025]
- Rand Paul Reacts to TikTok Ruling: 'Violation of the First Amendment' - Newsweek - January 19th, 2025 [January 19th, 2025]
- Supreme Court Denies TikTok First Amendment Pass, Effectively Shuttering the Social Media Platform in the U.S. on Jan. 19 Unless Sold to Third Party -... - January 19th, 2025 [January 19th, 2025]
- "Satan loves the First Amendment" banner lawsuit allowed to proceed against Broward schools - CBS News - January 6th, 2025 [January 6th, 2025]
- Claim Against School Board That Refused to Display "Satan Loves the First Amendment" Banner Can Go Forward - Reason - January 6th, 2025 [January 6th, 2025]
- First Amendment gives way to national security: Countdown on for TikTok - Virginia Mercury - January 6th, 2025 [January 6th, 2025]
- Settlement puts Disneys business interests above First Amendment - Freedom of the Press Foundation - January 6th, 2025 [January 6th, 2025]
- Federal Judge Temporarily Blocks Protect Tennessee Minors Act Over First Amendment Concerns - SValleyNow.com | Local News for Marion County and the... - January 6th, 2025 [January 6th, 2025]
- Sullivan and the Central Meaning of the First Amendment Lee Levine & Matthew Schafer - Law & Liberty - January 1st, 2025 [January 1st, 2025]
- Tennessee age verification law blocked from taking effect due to First Amendment concerns - WZTV - January 1st, 2025 [January 1st, 2025]
- FIRE to SCOTUS: TikTok ban violates Americans' First Amendment rights - Foundation for Individual Rights and Expression - January 1st, 2025 [January 1st, 2025]
- Ald. Jim Gardiner Agrees to Pay $157K to Settle Lawsuit Claiming He Violated First Amendment by Blocking Critics From Official Facebook Page - WTTW... - January 1st, 2025 [January 1st, 2025]
- First Amendment the first casualty in Oklahoma school chiefs weird war on woke | Opinion - Wichita Eagle - January 1st, 2025 [January 1st, 2025]
- Donald Trump Asks Supreme Court to Delay TikTok Ban Over First Amendment Concerns - TheWrap - January 1st, 2025 [January 1st, 2025]
- How Washington State Stifles the First Amendment for the Incarcerated - Solitary Watch - December 22nd, 2024 [December 22nd, 2024]
- Opinion | Theres Still Time for the Senate to Support the First Amendment - The New York Times - December 22nd, 2024 [December 22nd, 2024]
- First Amendment Censorship Claims Against Stanford Internet Observatory Can Go Forward to Discovery as to Jurisdiction and Standing - Reason - December 22nd, 2024 [December 22nd, 2024]
- S. Ct. Will Hear First Amendment Challenge to TikTok Divestment on Jan. 10 - Reason - December 22nd, 2024 [December 22nd, 2024]
- Counterpoint: Reporters shouldnt have more First Amendment rights than the rest of us - Citrus County Chronicle - December 22nd, 2024 [December 22nd, 2024]
- Deal reached in First Amendment -Facebook lawsuit against Ald. Gardiner, as city agrees to pay some costs - Nadig Newspapers - December 22nd, 2024 [December 22nd, 2024]
- Iowa Republicans are afraid of the First Amendment - Bleeding Heartland - December 22nd, 2024 [December 22nd, 2024]
- TikTok Asks Supreme Court to Block Law Banning Its U.S. Operations - The New York Times - December 18th, 2024 [December 18th, 2024]
- Supreme Court agrees to hear TikToks First Amendment challenge to U.S. ban if not sold - Spectrum News NY1 - December 18th, 2024 [December 18th, 2024]
- Chris Hayes Says Trumps Media Lawsuits Are Meant to Open the Floodgates to Overturn Key First Amendment Rights | Video - Yahoo! Voices - December 18th, 2024 [December 18th, 2024]
- Media on the run: A sign of things to come in Trump times? First Amendment News 451 - Foundation for Individual Rights and Expression - December 18th, 2024 [December 18th, 2024]
- KERC Approves First Amendment to Multi-Year Transmission, Distribution, and Retail Supply Tariff Regulations 2024 - SolarQuarter - December 18th, 2024 [December 18th, 2024]
- Masked Protests and First Amendment Rights The Chickenman Case in Smyrna - Wgnsradio - December 18th, 2024 [December 18th, 2024]
- First Amendment attorneys say Ohio bill aimed at curbing antisemitism may infringe on rights - 10TV - December 18th, 2024 [December 18th, 2024]
- First Amendment warning: 100% chance of Ryan Walters tweeting - NonDoc - December 18th, 2024 [December 18th, 2024]
- Chris Hayes Says Trump's Media Lawsuits Are Meant to 'Open the Floodgates' to Overturn Key First Amendment Rights | Video - TheWrap - December 18th, 2024 [December 18th, 2024]
- SJC expands First Amendment protection to true threats over the Internet, by text, and in person - The Boston Globe - December 14th, 2024 [December 14th, 2024]
- OPINION: The First Amendment is the Biggest Story of the 2024 Presidential Election - Nevada Globe - December 14th, 2024 [December 14th, 2024]
- First Amendment: Anathema or weapon? - Workers World - December 14th, 2024 [December 14th, 2024]
- Justices Will Hear First Amendment Challenge to Denial of Tax Exemption for Catholic Charities - Law.com - December 14th, 2024 [December 14th, 2024]
- The Press and The People Must Not Willingly Surrender First Amendment Rights to Trump - Daily Kos - December 14th, 2024 [December 14th, 2024]
- La. TikTok creator says potential app ban infringes on First Amendment right - KPLC - December 14th, 2024 [December 14th, 2024]
- Opinion | The TikTok Ruling Is a Blow for the First Amendment and Free Speech - The New York Times - December 10th, 2024 [December 10th, 2024]
- TikTok failed to save itself with the First Amendment - The Verge - December 10th, 2024 [December 10th, 2024]
- Newsoms War on Political Speech: ADF Defends Rumble in the First Amendment Case - California Family Council - December 10th, 2024 [December 10th, 2024]
- Opinion | The TikTok Sale and the First Amendment - The Wall Street Journal - December 8th, 2024 [December 8th, 2024]
- Secret court hearing threatens the First Amendment and more - The Hill - December 8th, 2024 [December 8th, 2024]
- President Trump lacks standing: CBS rubbishes lawsuit over Kamala Harris 60 Minutes interview as procedurally baseless and prohibited by the First... - December 8th, 2024 [December 8th, 2024]
- Perspective: Colorado vs. the First Amendment - Colorado Springs Gazette - December 8th, 2024 [December 8th, 2024]
- Annenberg Classroom Film on First Amendment Wins Anthem Award - The Annenberg Public Policy Center of the University of Pennsylvania - December 8th, 2024 [December 8th, 2024]
- Trumps calls to investigate pollster put First Amendment at risk - Foundation for Individual Rights and Expression - December 8th, 2024 [December 8th, 2024]
- First Amendment Likely Protects Referring Patients for Out-of-State Abortions - Reason - December 8th, 2024 [December 8th, 2024]
- Trumps FBI director pick Kash Patel: A clear and present danger to freedom of the press First Amendment News 449 - Foundation for Individual Rights... - December 8th, 2024 [December 8th, 2024]
- Federal judge tosses First Amendment retaliation claim in Gibbs lawsuit - News From The States - December 8th, 2024 [December 8th, 2024]
- Litigation: First Amendment rights violated by Cabarrus County - The Courier=Times - November 26th, 2024 [November 26th, 2024]
- Lee C. Bollinger on the First Amendment, Free Speech, Affirmative Action, and More - Columbia University - November 26th, 2024 [November 26th, 2024]
- 'Free Speech Was Given to Us by God': Why the First Amendment Is in Danger Like Never Before - CBN.com - November 26th, 2024 [November 26th, 2024]
- The Impact of The First Amendment: Essays on the Imperative of Intellectual Freedom - New Ideal - November 26th, 2024 [November 26th, 2024]
- Journal of Free Speech Law: "The Press Clause: The Forgotten First Amendment," - Reason - November 26th, 2024 [November 26th, 2024]
- Kansas nurse Elaine Gebhardt claims First Amendment protection in state board probe of her social media posts - The Sentinel - November 26th, 2024 [November 26th, 2024]
- Thomas pushed to overrule Kagans order in COVID-related First Amendment case where RFK Jr. serves as co-counsel - Law & Crime - November 26th, 2024 [November 26th, 2024]
- Counterpoint: Reporters shouldnt have more First Amendment rights than the rest of us - TribLIVE - November 26th, 2024 [November 26th, 2024]
- Trump Resumes His Endless War Against the First Amendment - The New Republic - November 26th, 2024 [November 26th, 2024]
- Anti-porn lawyers ready to profit from a Kansas age-gating law that may violate the First Amendment - Kansas City Pitch - November 26th, 2024 [November 26th, 2024]
- Its the First Amendment, stupid. Judge tells Florida to stop threatening TV stations - The Daily News Online - October 21st, 2024 [October 21st, 2024]
- Californias deepfake ban cant fool the deep protections of the First Amendment - The Hill - October 14th, 2024 [October 14th, 2024]
- Florida health department defies First Amendment, threatens to prosecute TV stations for airing abortion rights ad - Foundation for Individual Rights... - October 14th, 2024 [October 14th, 2024]
- Hands Off The ConstitutionNever Mess With The First Amendment - Forbes - October 14th, 2024 [October 14th, 2024]
- TikTok v. Garland Oral Argument: Did TikTok Admit It Doesnt Have First Amendment Rights? - The Federalist Society - October 14th, 2024 [October 14th, 2024]
- Balancing First Amendment Rights and Youth Protection | Age and Access in the Social Media Era - R Street - October 14th, 2024 [October 14th, 2024]
- Are we not all Americans living by our first amendment? - TAPinto.net - October 14th, 2024 [October 14th, 2024]
- 476. Words, Actions, and Liberty: Tara Smith Decodes the First Amendment - Skeptic Magazine - October 14th, 2024 [October 14th, 2024]
- Council approves a nine-day clean zone for the Super Bowl. A First Amendment lawyer says its excessive. - WWNO - October 14th, 2024 [October 14th, 2024]
- Newsoms anti-satire law tries to kill the joke and the First Amendment - The San Diego Union-Tribune - October 14th, 2024 [October 14th, 2024]
- A Sign Of The Times: Bourne Bylaw Change Off STM Warrant Amid First Amendment Concerns - CapeNews.net - October 14th, 2024 [October 14th, 2024]
- Banned Books Week? Try First Amendment Week instead - Thomas B. Fordham Institute - October 7th, 2024 [October 7th, 2024]
- Stephens City mayor addresses heated exchange with First Amendment auditor - Northern Virginia Daily - October 7th, 2024 [October 7th, 2024]
- What the US Supreme Courts next term holds for the First Amendment - Reporters Committee for Freedom of the Press - October 7th, 2024 [October 7th, 2024]
- John Kerry Says First Amendment Is Major Block to Stopping Disinformation, Hopes to Implement Change to That - CBN.com - October 7th, 2024 [October 7th, 2024]
- Can AI regulation survive the First Amendment? - Platformer - October 7th, 2024 [October 7th, 2024]