Legal AF by MeidasTouch - Trump Co-Defendant Makes SHOCKING Filing in RICO Case

Episode Date: August 25, 2023

Kenneth Chesebro, the architect of the fake elector scheme demands a speedy trial before the end of the year - Fani is ready for him but what does this mean for the other 18 defendants? How does this interplay with the 3 defendant’s trying to remove their cases to Federal Court? Legal AF Host Karen Friedman Agnifilo breaks down all things Chesebro and more. Head to https://TryFum.com/legalaf and use code LEGALAF to save 10% off when you get the journey pack today! Remember to subscribe to ALL the Meidas Media Podcasts: MeidasTouch: https://pod.link/1510240831 Legal AF: https://pod.link/1580828595 The PoliticsGirl Podcast: https://pod.link/1595408601 The Influence Continuum: https://pod.link/1603773245 Kremlin File: https://pod.link/1575837599 Mea Culpa with Michael Cohen: https://pod.link/1530639447 The Weekend Show: https://pod.link/1612691018 The Tony Michaels Podcast: https://pod.link/1561049560 American Psyop: https://pod.link/1652143101 Burn the Boats: https://pod.link/1485464343 Majority 54: https://pod.link/1309354521 Political Beatdown: https://pod.link/1669634407 Lights On with Jessica Denson: https://pod.link/1676844320 MAGA Uncovered: https://pod.link/1690214260 Learn more about your ad choices. Visit megaphone.fm/adchoices

Kenneth Cheesebro moves for a speedy trial in Atlanta. First, he turns himself in, he's surrenders and gets arrested. He's the sixth person to turn himself in in the 19 count Rico indictment in Fulton County in Atlanta, uh, being prosecuted by a state prosecutor, Fahni Willis there. And he was released on $50,000 bond. That's a consent bond that he, his lawyer and the prosecutor and the judge, all agreed was a fair amount that he had to post. He only has to post a fraction of it. I think 10% in order to be released. But Kenneth Chusebro, who is he?

And how did he find himself in this mess? And what is he doing now that he's moving for a speedy trial? Let's talk about this. Ken Cheesebro was a nerdy Harvard lawyer apparently, but he's also co-conspirator number five in Jack Smith's January 6th indictment. He used to be liberal, according to people who knew him back then at Harvard, and they called him cheese, obviously, for his name, but as well as, because he's from Wisconsin, and that was his nickname.

But he apparently made boatloads of money in Bitcoin, and he made a hard right to the MAGA extremists, and that's where he is. And he was a lawyer, really smart lawyer, well he still is apparently, who had a reputation for being nerdy and smart. But he really bends the law in bizarre ways. And we know this based on the memos that we have seen that he wrote for Donald Trump, candidate Trump, who wanted to upend the results of the 2020 election. And he wrote these memos that there are at least two, if not more, where he spelled out

this entire fake electors scheme. He said that all you need to do is get these fake slates of electors in the seven battleground states and Just cast some doubt into who the winner is and Get Mike Pence to push it back down to the states because there's doubt because he doesn't he wants them to claim that Pence didn't know who won even though he did know who win and then push it back down to the states that by and large have Republican legislatures who then they could decide which electors to put in place, and literally steal the vote from the American people who cast lawful votes. So that's who Ken Chisbro is. He's the architect of that scheme.

he's broke is he's the architect of that scheme. So as I said, he appears in the January 6th indictment as co-conspirator number five. He's mentioned at least a dozen times, maybe more. And in there, it's clear that he's the one who's the mastermind that devised this fake-elector plot. He was charged in Fannie Willis' case under Rico, the racketeering influence corrupt organization statute, and there he's charged with being the architect of the causing the six Georgia Republican electors, fake electors,

to sign the fake certificate. He was the brains behind the scheme. And so he has now been charged. He's also, we recently learned, he was on the ground on January 6th, following around Alex Jones, the conspiracy theorist, right? The guy who claimed that Sandy Hook was a hoax, and he's just this massive info wars conspiracy theorist. So Ken Cheesebroke, he wanted to put himself out as a lawyer giving legal advice. And Donald Trump wanted to hide behind that saying, I'm not guilty, I was relying on my

lawyer. But he really was more of an activist trying to help steal the election and was on the ground at the time on January 6 making sure that it happened because chaos and havoc was part of his plan to try to put pressure on the Supreme Court to allow this scheme to occur. So let's talk about what's happening in Georgia. He is the only of the 19 defendants so far who has said, I want a speedy trial. Okay, and what does that mean in Georgia?

Now, all states and the federal government, they all have some kind of speedy trial requirement, right? In New York, for example, for a felony, you have six months from the time that you start, that you file an accusatory instrument to the time that you are ready for trial. You have six months to answer ready, or the case gets dismissed. And obviously, cases take longer because sometimes are excludable, right? Motion practice, etc. Well, Georgia has a very unique speedy trial statute

that is lightning speed and many people have surmised that Fanny Willis obviously knows about this statute which is because she practices exclusively in Georgia State Court and therefore that's why she took so long to bring this case. There are lots of people who are criticizing her. Excuse me, for taking two and a half years to bring this case. But apparently, the reason she took so long was she knew, if any of these 19 defendants requested a speedy trial, then she had to be ready. And so she was not going to file the case

until she was 100% ready to go to trial the very next day if she had to and the way it works in Georgia is the speedy trial law. It's a very very short time period. It's foundGA section 17-7-1780 sub A. And I'm just going to read the relevant part that Ken Cheesebroke cited in his two-page or one and a half-page motion for Speedy Trial. It says any defendant against to a true bill of indictment, that just means an indictment, is filed with the clerk for an offense not affecting the defendant's life, meaning it's not a death penalty case. May enter a demand for speedy trial at the court term at which the indictment is filed

or at the next succeeding regular court term thereafter. So if this indictment was just filed in August, they have to either be ready during this court term, right? That goes from, they have different court terms, right? So this one goes to the end of August, but then there's another one that goes from July, September and November, right? So you've got these different court terms. So she's really going to have to be ready by the end of

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So for example, if a defendant is indicted for charges in Fulton County and the offense occurs say in January and the case is indicted though, the following June, Fulton County has two terms of court running from June to September and one from September to December. If they file for the motion for speedy trial before the end of the current term, then the case must be tried before the second Monday in December. I know it sounds kind of confusing, but that's kind of how it is. And if they don't try the case or commence the trial,

then the defendant is automatically acquitted of all charges. So it's on the merits, you can't try them again. And so this case will have to be tried by the end of the year or at least commenced by the end of the year. Now that Ken Chisborough made this demand. So the way, so one question is, okay, but what happens to all the other defendants, right? What happens to the 18 other defendants? So it's unclear because normally a speedy trial for one means a speedy trial for all.

And first before I go into that though, look, think about why would Ken Chiesborough want a speedy trial? Why would he wanna go so fast and not take time to file all the motions that he'd wanna file, attack the case for various reasons, give these defenses, attack the sufficiency of the grand jury, attack using the special purpose grand jury first, and then the, you know, this other grand jury for an indictment

second, I mean, who knows? There could be lots of things that he wants to argue, but instead he wants to go quickly, and why would he want that? I think it's a few reasons. I think it could be maybe he wants to clear his name, you know, he really, he, you know, he's a lawyer who wants to just practice law and didn't want to get caught up in the criminal side of all this. Maybe he's calling Fannie Willis's Bluff, bluff, hoping she won't be ready. Who knows why he's doing it, but he's done it. And, but so what does it mean for all the other defendants, right, for the other 18 defendants? Apparently, that's in the judge's discretion, right?

Judge McAfee, the very new judge who doesn't have a lot of experience. Fanny Willis, if you recall, said she wants to try all the cases together, and she wanted to do it in March of next year of 2024. But I think that this judge will likely sever, at least Ken Chisbro or anyone else wanting a speedy trial, because logistically trying 19 people in one courtroom is quite tricky as it is. So perhaps for judicial economy reasons, he'll say, and the fact that certain people want a speedy trial, he could sever for that reason. Another sort of wrinkle in all of this is three defendants so far have filed for removal

to federal court. So we've talked about this before on legal AF and on various hot takes of what this removal is. If a defendant is a federal officer or working at the direction of a federal officer, or, I'm sorry, and you have to have all three, and he was doing the act that he's being charged with now either civilly or criminally, but here it's criminal under the color of state of federal law, meaning he was performing his job.

That's what that means while he was doing it. And number three, he has some kind of viable federal defense, and you have to have all three. And the most simplistic way to understand what federal removal is in a criminal context would be, like say say you have a federal law enforcement agent executing a search warrant and in the course of executing the search warrant they get in he gets into a gun battle and ends up shooting and killing someone he's a federal officer he was executing his his duties right he

was he was in the course of executing a search warrant, and now he's being charged criminally, and he's gonna have a federal defense here, saying, you know, I was acting in self-defense, and I was doing my job, and et cetera. That would be removed to federal court. That's how you think about removal. But in the course of this January 6th,

trying to steal an election case, it's much more complicated. So Ken Chisbro can argue he was acting at the direction of a federal official. Now, he wasn't a federal official at the time because he wasn't working for the federal government. But I would argue that he was working for candidate Trump, not President Trump at the time, that candidate Trump was trying to steal the

election to remain president, that it was not part of President Trump's duties or anyone else's presidential duties or federal official duties, that this was part of a campaign and that Ken Chisbro was working as part of the campaign. And so I would argue that he doesn't even qualify as even if he were to make this motion as a federal official, even though he did not actually move for removal yet there. But the other individuals are moving for it, right? Trump, Meadows, and Johnny Eastman. They, and, and, and, and I'm sorry, Trump hasn't moved for it yet. I totally miss spoke. Everyone assumes he's going to move for removal. Actually, the head of the Georgia

Republican Party, David Schaeffer, has, has moved for removal. So you have three cases pending in federal court waiting for the judge to decide whether or not there will be removal. And so you've got that going on. And now you've got Kenchisbro trying to force a speedy trial. So it's unclear how this will all play out and what will happen to these cases. Will some go to federal court and some stand state court. If some gets removed to federal court, does that mean all get removed to federal court?

If they, let's say they all get removed to federal court, will the Georgia rules of procedure and speedy trial apply? Or will the federal rules of speedy trial apply, which then he would not be able to move for such a quick speedy trial. It's just unclear because these are uncharted territories about how all of these things will play or interplay with one another, but that's what's happening right now with Ken Shesbro and the others. We will be watching the rest turn themselves in. They have until Friday of this week to turn themselves in. If they do not turn themselves in, Fanny Willis claims that she gave more than enough time, two weeks to turn yourself in. And if you don't, and a rest warrant will be issued, which means law enforcement can arrest you if you get stopped anywhere

and bring you to court. So that's what's happening and join us every Wednesday and Saturday for Legal AF at 8 o'clock Eastern. I'm Karen Friedman-Eggnifolo. Thanks so much for listening. Hey, Midas Mighty. Love this report. Continue the conversation by following us on Instagram.

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