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Lawyers for Kenneth Chesebro on Wednesday filed a motion demanding a speedy trial in the sweeping election interference racketeering prosecution of former President Donald Trump and his allies.
The aggressive filing from Chesebro — the legal equivalent of throwing a bomb into the case — could create a massive headache for Fulton County District Attorney Fani Willis and attorneys for the other 18 defendants in the case. It could force Willis to try Chesebro by the end of December and scuttle her plans to prosecute all 19 defendants together.
“State law, if requested by a defendant, sets a firm time limit in which to have a fair trial,” said attorney Scott Grubman, who is defending Chesebro with attorney Manny . “Mr. Chesebro has given his official notice that he intends to avail himself of that right. Mr. Chesebro maintains his innocence and remains confident as the legal process continues.”
Chesebro, an attorney, worked with the leadership of the Georgia GOP to coordinate a slate of “alternate” Republican electors in December 2020. He is charged with racketeering and other offenses, such as conspiring to commit impersonating a public officer, conspiring to commit forgery in the first degree and conspiring to commit false statements and writings.
Willis has asked for the 19 defendants in the Georgia case to be arraigned the week of Sept. 5. Under Georgia’s speedy trial rules, Chesebro would have to be tried by the end of two terms of court after his arraignment, said Pete Skandalakis, the head of the Prosecuting Attorneys Council of Georgia. Because Fulton has two-month terms of court, with the next one beginning in September, that means Chesebro’s case will likely have to be tried by the end of the year, he said.
But there are other complicating factors. One is that there are three defendants moving to transfer their cases out of Fulton County Superior Court to U.S. District Court in Atlanta, and a number of legal experts say if one defendant is removed the other 18 would follow. And even more defendants, such as Trump, are expected to file similar motions.
Atlanta attorney Andrew Fleischman said there is little court precedent examining how Georgia’s speedy trial rule and the federal removal statute interact.