Fulton County Superior Court Judge Scott McAfee on Tuesday signed off on two requests from prosecutors to call Republican National Committee (RNC) Chair Ronna McDaniel and radio show host Alex Jones as witnesses in the upcoming trial against Kenneth Chesebro and Sidney Powell.
Fulton County District Attorney Fani Willis argued that Ms. McDaniel and Mr. Jones are necessary material witnesses.
The order notes that Mr. Jones participated in a “Stop the Steal” rally in Georgia, as well as on Jan. 6, 2021, in Washington, D.C., where he marched with a bullhorn.
“Video footage shows that Kenneth Chesebro was marching on the Capitol alongside Alex Jones on this day,” the order reads. “The Court finds that Kenneth Chesebro was in communication with Alex Jones regarding the attempt to disrupt and delay the January 6, 2021 joint session of Congress.”
“Alex Jones possesses unique knowledge concerning communications between himself and Kenneth Chesebro and other known and unknown individuals involved in the multi-state, coordinated efforts to influence the results of the November 3, 2020 presidential election in Georgia and elsewhere.”
Ms. McDaniel is being called to testify because she had participated in phone call meetings with President Trump.
“Ronna McDaniel participated in a phone call with Donald Trump and John Eastman in December 2020 in which she was told the importance of the RNC helping the campaign gather ‘contingent’ electors for the November 3, 2020 presidential election,” the order reads.
She was also sent emails about the plans to challenge election results in six states.
“The Court finds that these communications are evidence against Kenneth Chesebro,” the order reads.
Tuesday Hearing
Attorneys for the two defendants met with the judge and prosecutors Tuesday afternoon to go over pretrial motions.Mr. Chesebro has asked that the criminal charges against him, and the indictment, be dismissed because of defenses under the First Amendment and Supremacy Clause in the Constitution. He is also arguing that his communications with his client, the Trump campaign, and protected under attorney-client privilege and cannot be entered into evidence. The 21 acts involving Mr. Chesebro in the indictment all have to do with communications he claims are privileged.
The prosecutors opposed the motions, arguing that Mr. Chesebro was delving into the logistics of arranging alternate slates of electors, and “that is not speech, that is not expression, that is not legal advice” that would be protected under those defenses.
His attorney Manny Aurora argued that that was exactly what lawyers did, and such actions are still covered under attorney-client privilege.
“All of these acts [of racketeering in the indictment] deal with the emails. You tell your client this is how you’re supposed to do it, fill it out this way, do it in triplicate this way, mail it this way,” he countered.
The hearing lasted two and a half hours, with the judge issuing no new order. He had procedural concerns, and told both parties these were motions to be argued at trial, not in a pretrial hearing. The defense disagreed, maintaining that the case should not have been brought at all as they do not see that the prosecution has pointed to any crime.
