Trump Co-Defendants in Georgia Case Want Charges Dropped Due to Bad Paperwork

Attorney Scott Grubman, who is defending Kenneth Chesebro, gestures toward the prosecutors as he argues before Judge Scott McAfee in Fulton County Superior Court in Atlanta, Ga., on Sept. 14, 2023. (Miguel Martinez-Pool/Getty Images)

Several Trump co-defendants in the Georgia election interference case in Fulton County have filed motions for their charges to be dismissed due to an alleged paperwork error by a lead prosecutor in the case.

Kenneth Chesebro, former Trump campaign attorney and one of the co-defendants in the Fulton County election interference case, filed a motion on Wednesday, asking for charges against him dismissed.

Mr. Chesebro’s reasoning is that Fulton County special prosecutor Nathan Wade, the lead prosecutor on the case, failed to file his oath of office paperwork in time to formally join the team of Fulton County District Attorney Fani Willis.

Therefore, Mr. Chesebro alleges in court filings, Mr. Wade’s work is “void as a matter of law.”

“Nathan Wade, who has and continues to serve as lead counsel in this case—including during the presentment of the case to the criminal grand jury and at the time the underlying indictment was returned—was not an authorized public officer by Georgia law,” the filing states.

In the court filing, Mr. Chesebro’s attorney urged the judge in the case not to allow the alleged clerical error to be “chalked up to mere ’technical noncompliance,'” suggesting that the omission could amount to a crime.

Mr. Chesebro’s motion cites O.C.G.A. 45-3-9, which states that “Any officer or deputy required by law to take and file an official oath who shall enter upon the duties of his office without first taking and filing the same in the proper office shall be guilty of a misdemeanor.”

Kenneth Chesebro is seen in a mugshot provided by the Fulton County Sheriff's Office in Georgia, Aug. 23, 2023. (Fulton County Sheriff's Office)

Mr. Chesebro earlier filed a motion to dismiss charges against him on the premise that they were based on emails covered by attorney-client privilege and that any such illegally obtained evidence should be thrown out.

Alternate Elector Joins Chesebro Motion

Joining Mr. Chesebro’s motion to dismiss on the same premise of faulty paperwork is David Shafer, an alternate elector that faces charges alongside Mr. Chesebro and 17 other co-defendants, including former President Donald Trump.  remove

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Mr. Shafer is a former Georgia state senator and former chairman of the Georgia Republican Party. He chaired the group of electors that met on Dec. 14, 2020, to cast their votes for President Trump.

“The Trump special prosecutor in Georgia failed to file his oath of office with the court as required by law. The irony here is that I am being prosecuted for ‘impersonating a public officer” by someone who is apparently impersonating a public officer,’” Mr. Shafer said in a statement posted on X.

David Shafer, Georgia GOP chairman, speaks at the opening ceremony of GOP’s Asian Pacific American Community Center in Berkeley Lake, Ga., on Sept. 17, 2021. (Roland Ree/The Epoch Times)

Mr. Shafer pointed out that Mr. Chesebro’s motion cites O.C.G.A. 45-3-9, which states that officers must take and file an official oath before starting their duties and failure to do so is a misdemeanor.

The Epoch Times has reached out to Ms. Willis’ office for comment and clarification about the timing of Mr. Wade’s oath of office paperwork, but did not receive a response by the time of publication.

Fulton County District Attorney Fani Willis speaks during a news conference at the Fulton County Government building in Atlanta, Ga., on Aug. 14, 2023. (Joe Raedle/Getty Images)

Case Details

Mr. Chesebro and Mr. Shafer are among the 19 defendants—including President Trump—charged with at litany of crimes in connection with their efforts to challenge the results of the 2020 election.

Ms. Willis has charged each defendant under Georgia’s Racketeer Influenced and Corrupt Organizations (RICO) Act, a law drafted to fight the mafia, with the indictment alleging that President Trump and his co-conspirators did “constitute a criminal organization.”

President Trump and his co-defendants have denied any wrongdoing, with the former president accusing Ms. Willis of waging a politically-motivated legal battle meant to bury his chances of winning the 2024 presidential race.

The 98-page indictment alleges that President Trump and his co-conspirators did “constitute a criminal organization.”

President Trump himself has been charged with 13 counts, including solicitation of violation of oath by a public officer, conspiracy to commit forgery in the first degree, and conspiracy to commit filing of false documents.

The former president’s other co-defendants include former White House Chief of Staff Mark Meadows, his former attorneys Rudy Giuliani and Jenna Ellis, and attorney Sidney Powell.

Judge Scott McAfee, presiding over a Georgia election interference case, has predicted a 3 to 5 month trial for Mr. Chesebro, who has demanded a speedy trial and will be tried on Oct. 23.

President Trump, meanwhile, scored a rare victory in the case when the judge ruled that his trial won’t start in October.

The ruling from Judge McAfee stated that the former president will be tried separately from and after the trials of two of his former attorneys, Mr. Chesebro and Sidney Powell.

Ms. Willis had been pushing to try all 19 defendants together, arguing that it would be fairer and more efficient.

Judge McAfee cited logistical concerns and the pending legal issues in separating the trial of Mr. Chesebro and Ms. Powell from that of President Trump and the other 16 co-defendants.