Attorney Kenneth Chesebro, indicted for his alleged role in a plan to appoint fake pro-Donald Trump electors in Georgia, can't claim attorney-client privilege regarding certain documents relating to the case, prosecutors argued.
The prosecutors in the Fulton County, Georgia, district attorneys' office made the argument in a court filing on Monday. The issue was scheduled to be argued in court Tuesday.
"Defendant has not made a showing that he has engaged in an attorney-client relationship or that the memoranda and emails qualify for protection substantively," prosecutors argued in the court papers.
"Further, any attorney-client privilege or work product protection has been waived by their dissemination outside any attorney-client relationship. Finally, the crime-fraud exception applies as these memoranda were the basis for defendant and his co-conspirators attempt to overturn the 2020 presidential election in particular, to submit a scheme in which to create false electoral college documents to dispute and delay the joint session of Congress on January 6, 2021."
The Messenger website noted that the prosecutors argued in the filing that, collectively, the body of evidence undermines Chesebro's claims that the records are covered by attorney-client privilege.
"His documents formed a basis for a criminal conspiracy that sought to unlawfully overturn the results of the 2020 presidential election," prosecutors wrote, "and cannot receive the protections afforded to lawful attorney communications or documents."
Jeffrey Rodack ✉
Jeffrey Rodack, who has nearly a half century in news as a senior editor and city editor for national and local publications, has covered politics for Newsmax for nearly seven years.
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