Chesebro, Kenneth

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    Kenneth Chesebro Is a Key Witness as ‘Fake Electors’ Face Charges

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    Kenneth Chesebro, an architect of the plan to deploy people claiming to be Trump electors in states won by President Biden, is cooperating with inquiries in Michigan, Arizona and Nevada.Twenty-four of the so-called fake Trump electors now face criminal charges in three different states, and one of the legal architects of the plan to deploy them, Kenneth Chesebro, has emerged as a witness in all of the cases.Mr. Chesebro, a Harvard-trained lawyer, helped develop the plan to have Republicans in battleground states won by Joseph R. Biden Jr. in 2020 present themselves as Trump electors. The scheme was part of an effort to have Congress block or delay certification of Mr. Biden’s Electoral College victory on Jan. 6, 2021.Earlier this week, a Nevada grand jury indicted six former Trump electors, including top leaders of the state’s Republican Party, on charges of forging and submitting fraudulent documents.In August, a grand jury in Atlanta returned an indictment against former president Donald J. Trump and 18 allies, including three who were fake electors in Georgia. And in July, Michigan Attorney General Dana Nessel brought charges against all 16 Republicans who acted as Trump electors in her state. (In October, she dropped charges against one of them, James Renner, in exchange for his cooperation.)Interest in Mr. Chesebro intensified after he pleaded guilty in October to a single felony charge of conspiracy in Georgia and was sentenced to five years’ probation. He had originally been charged with seven felonies, including one charge under the state racketeering law.“Everything happened after the plea in Georgia,” said Manny Arora, one of Mr. Chesebro’s lawyers in Georgia. “Everyone wants to talk about the memos and who he communicated with.”The lawyer was referring to memos written by Mr. Chesebro after the 2020 election that outlined what he himself called “a bold, controversial strategy” that was likely to be rejected by the Supreme Court. Since his plea agreement in Georgia, Mr. Arora said, Mr. Chesebro was interviewed in Detroit by Ms. Nessel’s office, and he was also listed as a witness this week in the Nevada indictment.Asked if Mr. Chesebro had agreements in place to avoid prosecution in the various jurisdictions, another one of his lawyers, Robert Langford, said “that would be a prudent criminal defense, that’s typically what you do,” adding that he did not “want to comment on anything happening in any of the states.”Mr. Chesebro is also expected in Arizona next week, where the state’s attorney general, Kris Mayes, has been conducting her own inquiry into the electors plot for several months, people with knowledge of that inquiry said. (Mr. Chesebro’s Michigan and Arizona appearances were reported earlier by CNN and The Washington Post.)Mr. Chesebro worked for Vice President Al Gore during the presidential election recount battle of 2000 but later came to back Mr. Trump. He and another lawyer, John Eastman, are seen as the key legal architects of the plan to use bogus electors in swing states lost by Mr. Trump, a development that left some of his old colleagues scratching their heads.“When the world turned and Donald Trump became president, I stopped hearing from him,” Lawrence Tribe, who was Mr. Gore’s chief legal counsel and a Chesebro mentor, recently said.Mr. Chesebro’s lawyers continue to generally defend his conduct, saying he was simply an attorney offering legal advice during the 2020 election. But Mr. Arora said that the legal team in Georgia decided to take a plea agreement because the document that was signed by the fake electors in Georgia did not include language explaining that what they were signing was a contingency plan, pending litigation.“They didn’t do that in Georgia,” he explained. “Because he was involved in it and that language wasn’t in there, we decided to plead to that count. It wasn’t because the whole thing was fraudulent or that this was a scam.”The three state electors investigations have taken very different approaches.Fani T. Willis, the district attorney of Fulton County, Ga., brought a broad racketeering case that includes Mr. Trump and top aides like Rudolph W. Giuliani, his former personal lawyer, and Mark Meadows, who served as White House chief of staff. Ms. Willis reached cooperation agreements with most of the fake electors before charges were brought.The Michigan and Nevada cases center on the electors themselves, rather than those who aided their actions, though Ms. Nessel has said that her inquiry remains open.Underlying claims of widespread election fraud that propelled the alleged fake electors scheme have never been substantiated. New legal filings this week from Jack Smith, the special counsel in the Justice Department who has charged Mr. Trump in his own federal election inquiry, underscore the illegitimacy of Mr. Trump’s chronic claims of election fraud, highlighting that as far back as 2012 he was making baseless contentions about President Barack Obama’s defeat of Mitt Romney.Mr. Trump made similar statements after his 2016 loss in the Iowa caucus, when he claimed that Senator Ted Cruz “didn’t win Iowa, he illegally stole it,” and after he lost the popular vote in the general election to Hillary Clinton, which he said he won “if you deduct the millions of people who voted illegally.” More

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      Jenna Ellis Could Become a Star Witness Against Trump

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      When Jenna Ellis last week became the most recent lawyer to join in an accelerating series of guilty pleas in the Fulton County, Ga., prosecution of Donald Trump and his co-conspirators, she offered a powerful repudiation of the “Big Lie” that could potentially cut the legs out from under Donald Trump’s defense, make her a star witness for prosecutors and a potent weapon against the former president’s political ambitions.Ms. Ellis admitted that the allegations of election fraud she peddled as an advocate for the effort to overturn the 2020 election were false. Two other plea deals, from Kenneth Chesebro and Sidney Powell, have been important, but Ms. Ellis is in a unique position to aid prosecutors in the Georgia case and possibly even the parallel federal one — as well as Mr. Trump’s opponents in the court of public opinion.Ms. Ellis pleaded guilty to a felony count of aiding and abetting the false statements made by co-defendants (including Rudy Giuliani) to the Georgia Senate about supposed voting fraud in the 2020 presidential election. These included that “10,315 or more dead people voted” in Georgia, “at least 96,000 mail-in ballots were counted” erroneously and “2,506 felons voted illegally.”These lies were at the cutting edge of Mr. Trump’s assault on the election. Both the state and federal criminal prosecutions allege that Mr. Trump and his co-conspirators knowingly deployed falsehoods like these in their schemes to overturn the election.Ms. Ellis emerged from her plea hearing as a likely star witness for prosecutors, starting with the one who secured her cooperation, the Fulton County district attorney Fani Willis. Unlike Mr. Chesebro and Ms. Powell, in pleading guilty Ms. Ellis spoke in detail about her “responsibilities as a lawyer.” Tearing up, she talked about the due diligence that “I did not do but should have done” and her “deep remorse for those failures of mine.” The judge, a tough former prosecutor, thanked her for sharing that and noted how unusual it was for a defendant to do so.Trials are about the evidence and the law. But they are also theater, and the jury is the audience. In this case, the jury is not the only audience — the Georgia trials will be televised, so many Americans will also be tuned in. Ms. Ellis is poised to be a potent weapon against Mr. Trump in the courtroom and on TVs.That is bad news for her former co-defendants — above all, Mr. Giuliani and Mr. Trump. Ms. Ellis was most closely associated with Mr. Giuliani, appearing by his side in Georgia and across the country. If her court appearance last week is any indication, she will be a compelling guide to his alleged misconduct. She will also add to what is known about it; she and Mr. Giuliani undoubtedly had many conversations that are not yet public and that will inform the jury. And because Mr. Giuliani was the senior lawyer on the case, her pointed statement that she was misled by attorneys “with many more years of experience” hits him directly.Ms. Ellis’s likely trial testimony will also hit Mr. Trump hard. She has now effectively repudiated his claims that he won the election — an argument that is expected to be a centerpiece of his trial defense. Coming from a formerly outspoken MAGA champion, her disagreement has the potential to resonate with jurors.It also builds on substantial other evidence against the former president, which includes voluminous witness testimony collected by the House Jan. 6 committee indicating that many advisers told him the election was not stolen — and that in private he repeatedly admitted as much.Ms. Ellis’s testimony may also compromise one of Mr. Trump’s main defenses. He has made clear he intends to claim he relied on advice of counsel. But that defense is available only if the lawyers are not part of the alleged crimes. Ms. Ellis’s plea puts her squarely within the conspiracy, as do those of Mr. Chesebro and Ms. Powell. That will hamper Mr. Trump’s effort to present a reliance-on-counsel defense.In comparing Ms. Ellis to the two other lawyers who pleaded guilty, it is also critical to note that she is promising full cooperation with Ms. Willis. Mr. Chesebro and Ms. Powell have important contributions to make to the prosecution, but they merely agreed to provide documents, preview their testimony and testify truthfully if called.Ms. Ellis took the additional step of also agreeing “to fully cooperate with prosecutors,” which could include doing interviews with prosecutors, “appearing for evidentiary hearings, and assisting in pretrial matters.”To our knowledge, Ms. Ellis is not yet cooperating with prosecutors in the federal case led by the special counsel Jack Smith, but if she does, she would have a comparative advantage for the prosecution over Mr. Chesebro and Ms. Powell: They are identified as unindicted co-conspirators in that case and would be more problematic for Mr. Smith to deal with. He may not, for example, be willing to immunize them should they assert their privilege against self-incrimination, since that would hamper prosecuting them. But because he has not named Ms. Ellis among Mr. Trump’s alleged federal co-conspirators, he may feel more free to extend immunity to secure her valuable testimony. (He has reportedly done just that with Mark Meadows, a former Trump White House chief of staff.)Ms. Ellis’s guilty plea may also have political reverberations. It is riveting to see a MAGA champion who helped lead the election assault tearfully admitting she and that effort misled the American people. Her court appearance was live-streamed and repeated in a loop on television and social media.Looking ahead in the Georgia case, the judge just got back the five months that he had set aside for the Chesebro and Powell trial. Even if Mr. Trump manages to postpone appearing before a Georgia jury during that window, the trial of other defendants could begin within it — and certainly during 2024. That means Ms. Ellis and other existing and potential witnesses against Mr. Trump will likely be critical not only in the legal arena, but the political one.With Mr. Trump showing no signs of backing down from his claims of 2020 election fraud and a new election upon us, Ms. Ellis’s plea — like the televised Jan. 6 committee testimony of Cassidy Hutchinson, another Trump insider who turned on him with powerful effect — could be a potential turning point in the court of public opinion. When Mr. Trump’s lies are repeated in the future, in whatever venue, expect to see Ms. Ellis often.Norman Eisen was special counsel to the House Judiciary Committee during the first impeachment of Donald Trump. Amy Lee Copeland, a former federal prosecutor, is a criminal defense and appellate lawyer in Savannah, Ga.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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      Trump’s Allies Pledged Loyalty to Him. Until They Didn’t.

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      The former president is facing down Michael Cohen, his longtime fixer, in a Manhattan courtroom, while other ex-loyalists are cooperating in a case against him in Georgia.Donald J. Trump could not hide his anger. Sitting at the front of a crowded New York courtroom this week, he folded his arms tightly across his chest. He tossed his head and scowled. He stared into the middle distance and scrolled through his phone.His ire was directed at Michael D. Cohen, his former personal lawyer and fixer, who had taken the witness stand 15 feet away and had promptly called Mr. Trump a liar. Mr. Cohen has told his share of lies as well. But in court, he swore he had done so “at the direction of, in concert with and for the benefit of Mr. Trump.”Mr. Cohen’s two days of dramatic testimony this week provided the first glimpse of what could become a familiar scene: Mr. Trump, sitting at a defense table, watching as a lawyer who once did his bidding now cooperated with the authorities seeking to hold him to account.On the same day Mr. Cohen began his testimony, Jenna Ellis, who had sought to help Mr. Trump overturn the results of the 2020 election, pleaded guilty to state charges in Georgia. She was preceded by Sidney Powell and Kenneth Chesebro, both lawyers who worked with Mr. Trump’s campaign, both now expected to cooperate in the criminal case that the Georgia prosecutors brought against him.The circumstances surrounding the Georgia criminal case and the Manhattan civil fraud trial are vastly different. But near the center of each case are lawyers who pledged public fealty to Mr. Trump — until they very publicly did not.Mr. Trump has long relied on a phalanx of legal attack dogs to speak on his behalf, or to do or say things he would rather not do or say himself. And because Mr. Trump has such a tenuous relationship with the truth, those lieutenants often spread a message that prosecutors and investigators consider to be outright lies. Lies about an election he lost, a relationship with a porn star he may have had and a net worth he may not quite have achieved.Now those statements are ricocheting back at Mr. Trump as he contends with the civil trial in New York, brought by the state’s attorney general, Letitia James, and with four criminal indictments up and down the East Coast. And while Mr. Trump is quick to blame his betrayers — Mr. Cohen is “proven to be a liar,” he said outside the courtroom this week — his predicament was born from his own lopsided approach to relationships.Mr. Trump has a history of disavowing people who were once close to him and find themselves in trouble. He had long since cut ties with Mr. Cohen — until Tuesday, they had not seen each other in five years — and more recently he distanced himself from the lawyers in the Georgia case. He had also refused to pay their mounting legal bills.Their relationships, a one-way street flowing in Mr. Trump’s direction, appeared to work for a time. But when those loyal soldiers faced their own legal jeopardy, their allegiance to the former president became strained or even shattered.There have been exceptions since Mr. Trump’s split with Mr. Cohen. Mr. Trump’s political action committee has picked up the legal bills for his co-defendants in the federal criminal case involving his handling of classified government documents, as well as those of several witnesses connected to the case.Mr. Trump’s company also agreed to dole out a $2 million severance payment to his longtime chief financial officer, Allen H. Weisselberg, and continues to pay for Mr. Weisselberg’s lawyers. Mr. Weisselberg pleaded guilty to tax fraud and testified at the company’s criminal trial last year, but has stopped short of turning on Mr. Trump.Mr. Cohen was among several in a series of people who Mr. Trump turned to over decades in the hopes they would emulate his first fixer and defender, the lawyer Roy Cohn. “Roy was brutal, but he was a very loyal guy,” Mr. Trump told one of his biographers, Timothy O’Brien, in an interview. “He brutalized for you.”That brutality — along with Mr. Cohn’s method of conflating public relations defenses with legal ones, making showy displays in court and accusing the federal government of “Gestapo-like tactics” against Mr. Trump in a 1970s suit alleging housing discrimination — became Mr. Trump’s preferred model for a lawyer.Mr. Cohen has often said that those sort of tactics influenced what Mr. Trump looks for in those who defend him.While it is unclear how useful Ms. Ellis and the other two lawyers will be to the case against Mr. Trump in Georgia, Mr. Cohen has already been tormenting Mr. Trump for the last five years. Ms. Ellis became critical of him publicly in the last several months.Mr. Trump made a point of attending the trial in Manhattan this week to watch Mr. Cohen’s testimony in person.Dave Sanders for The New York TimesFor Mr. Trump, the feud with Mr. Cohen is personal. Although he is running for president and fighting the four indictments, none of those obligations could pry him away from the Manhattan courtroom to watch Mr. Cohen’s testimony. Mr. Trump did not have to attend the testimony, but people close to him say he believes events go better for him when he is present.Mr. Trump’s falling out with Mr. Cohen stemmed from their dealings with the porn star Stormy Daniels.In the final stretch of the 2016 presidential campaign, Mr. Cohen paid Ms. Daniels $130,000 to silence her story of an affair with Mr. Trump years earlier — an affair that Mr. Trump denied had ever taken place.The deal came to light in 2018, and soon, the F.B.I. had searched Mr. Cohen’s home and office. As Mr. Cohen’s life imploded, Mr. Trump began to distance himself from his fixer, and eventually, his company stopped paying Mr. Cohen’s legal bills altogether.Mr. Cohen soon lashed out and began to speak with prosecutors. When he pleaded guilty that year for his role in the hush-money deal, he stood up in court and pointed the finger at the then-president. Mr. Trump, Mr. Cohen declared, had directed the payment of the hush money.Although the federal prosecutors declined to indict Mr. Trump, this year the Manhattan district attorney’s office brought charges against him related to the deal, using Mr. Cohen as a potential star witness for a trial scheduled to start in the spring. Mr. Cohen has also testified before Congress that the former president’s company had manipulated financial statements to reach Mr. Trump’s desired net worth. That testimony was the catalyst for Ms. James to open her investigation.When Ms. James’s team questioned Mr. Cohen on Tuesday, he repeated many of the same accusations, testifying that Mr. Trump had directed him to “reverse engineer” annual financial statements to reach the former president’s desired net worth.Mr. Cohen spoke calmly and confidently as he recounted Mr. Trump’s obsession with his net worth.But the Trump team’s cross-examination exposed the perils of relying on a disgruntled former aide, especially one as temperamental as Mr. Cohen.Mr. Trump’s lawyers seized on Mr. Cohen’s inconsistent statements about the former president and his own crimes, leading him to admit to having lied a number of times. Toward the end of the second day of cross-examination, Mr. Cohen appeared visibly flustered as he tripped over rapid-fire questions about whether Mr. Trump had personally directed him to inflate numbers on his annual financial statements. Mr. Cohen said he had not, prompting Mr. Trump and one of his lawyers, Alina Habba, to throw their hands up in victory.Ms. Habba also resurfaced a series of glowing remarks Mr. Cohen once made about his boss, further underscoring his about-face.“I think he’s going to be an amazing president”; “I’m the guy who would take the bullet for the president”; “I think the world of him, I respect him as a business man and I respect him as a boss,” Ms. Habba emphatically read, as she circled the courtroom with a hand-held microphone like a preacher delivering a sermon.This appeared to delight Mr. Trump, who turned to watch Ms. Habba while draping his arm over her empty chair.Before Mr. Cohen completed his testimony on Wednesday, one of Mr. Trump’s lawyers asked Justice Arthur J. Engoron to dismiss the case, citing Mr. Cohen’s contradictions.Justice Engoron denied the request, and Mr. Trump stormed out of the courtroom.Kate Christobek More

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      Trump’s Lawyers Are Going Down. Is He?

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      On Tuesday morning, Jenna Ellis became the third Donald Trump-allied lawyer to plead guilty in Fulton County, Ga., to state criminal charges related to Trump’s efforts to overturn the results of the 2020 presidential election in Georgia. She joins Sidney Powell and Kenneth Chesebro in similar pleas, with each of them receiving probation and paying a small fine, and each of them cooperating with the prosecution in its remaining cases against Trump and his numerous co-defendants.The Ellis, Powell and Chesebro guilty pleas represent an advance for both the state election prosecution in Georgia and the federal election prosecution in Washington. While their guilty pleas came in the Georgia case (they’re not charged in the federal prosecution, though Powell and Chesebro have been identified as unindicted co-conspirators in that case), the information they disclose could be highly relevant to Jack Smith, the special counsel investigating Trump.Perhaps as important, or even more important, the three attorneys’ admissions may prove culturally and politically helpful to those of us who are attempting to break the fever of conspiracy theories that surround the 2020 election and continue to empower Trump today. At the same time, however, it’s far too soon to tell whether the prosecution has made real progress on Trump himself. The ultimate importance of the plea deals depends on the nature of the testimony from the lawyers, and we don’t yet know what they have said — or will say.To understand the potential significance of these plea agreements, it’s necessary to understand the importance of Trump’s legal team to Trump’s criminal defense. As I’ve explained in various pieces, and as the former federal prosecutor Ken White explained to me when I guest-hosted Ezra Klein’s podcast, proof of criminal intent is indispensable to the criminal cases against Trump, both in Georgia and in the federal election case. While the specific intent varies depending on the charge, each key claim requires proof of conscious wrongdoing — such as an intent to lie or the “intent to have false votes cast.”One potential element of Trump’s intent defense in the federal case is that he was merely following the advice of lawyers. In other words, how could he possess criminal intent when he simply did what his lawyers told him to do? He’s not the one who is expected to know election laws. They are.According to court precedent that governs the federal case, a defendant can use advice of counsel as a defense against claims of criminal intent if he can show that he “made full disclosure of all material facts to his attorney” before he received the advice, and that “he relied in good faith on the counsel’s advice that his course of conduct was legal.”There is a price, though, for presenting an advice-of-counsel defense. The defendant waives attorney-client privilege, opening up both his oral and written communications with his lawyers to scrutiny by a judge and a jury. There is no question that a swarm of MAGA lawyers surrounded Trump at each step of the process, much like a cloud of dirt surrounds the character Pigpen in the “Peanuts” cartoons, but if the lawyers themselves have admitted to engaging in criminal conduct, then that weakens his legal defense. This was no normal legal team, and their conduct was far outside the bounds of normal legal representation.Apart from the implications of the advice-of-counsel defense, their criminal pleas, combined with their agreements to cooperate, may grant us greater visibility into Trump’s state of mind during the effort to overturn the election. The crime-fraud exception to attorney-client privilege prevents a criminal defendant from shielding his communications with his lawyers when those communications were in furtherance of a criminal scheme. If Ellis, Powell or Chesebro can testify that the lawyers were operating at Trump’s direction — as opposed to Trump following their advice — then that testimony could help rebut Trump’s intent defense.At the same time, I use words like “potential,” “if,” “may” and “could” intentionally. We do not yet know the full story that any of these attorneys will tell. We only have hints. Ellis said in court on Tuesday, for example, that she “relied on others, including lawyers with many more years of experience than I, to provide me with true and reliable information.” Indeed, Fani Willis, the Fulton County district attorney, has indicted two other attorneys with “many more years of experience” — Rudy Giuliani and John Eastman. If Ellis’s court statement is any indication, it’s an ominous indicator for both men.If you think it’s crystal clear that the guilty pleas are terrible news for Trump — or represent that elusive “we have him now” moment that many Trump opponents have looked for since his moral corruption became clear — then it’s important to know that there’s a contrary view. National Review’s Andrew McCarthy, a respected former federal prosecutor, argued that Powell’s guilty plea, for example, was evidence that Willis’s case was “faltering” and that her RICO indictment “is a dud.”“When prosecutors cut plea deals with cooperators early in the proceedings,” McCarthy writes, “they generally want the pleading defendants to admit guilt to the major charges in the indictment.” Powell pleaded guilty to misdemeanor charges. Ellis and Chesebro both pleaded to a single felony charge, but they received punishment similar to Powell’s. McCarthy argues that Willis allowed Powell to plead guilty to a minor infraction “because minor infractions are all she’s got.” And in a piece published Tuesday afternoon, McCarthy argued that the Ellis guilty plea is more of a sign of the “absurdity” of Willis’s RICO charge than a sign that Willis is closing in on Trump, a notion he called “wishful thinking.”There’s also another theory regarding the light sentences for the three lawyers. When Powell and Chesebro sought speedy trials, they put the prosecution under pressure. As Andrew Fleischman, a Georgia defense attorney, wrote on X, the site formerly known as Twitter, it was “extremely smart” to seek a quick trial. “They got the best deal,” Fleischman said, “because their lawyers picked the best strategy.”As a general rule, when evaluating complex litigation, it is best not to think in terms of legal breakthroughs (though breakthroughs can certainly occur) but rather in terms of legal trench warfare. Think of seizing ground from your opponent yard by yard rather than mile by mile, and the question at each stage isn’t so much who won and who lost but rather who advanced and who retreated. Willis has advanced, but it’s too soon to tell how far.The guilty pleas have a potential legal effect, certainly, but they can have a cultural and political effect as well. When MAGA lawyers admit to their misdeeds, it should send a message to the Republican rank and file that the entire effort to steal the election was built on a mountain of lies. In August, a CNN poll found that a majority of Republicans still question Joe Biden’s election victory, and their doubts about 2020 are a cornerstone of Trump’s continued political viability.Again, we can’t expect any single thing to break through to Republican voters, but just as prosecutors advance one yard at a time, opposing candidates and concerned citizens advance their cultural and political cases the same way. It’s a slow, painful process of trying to wean Republicans from conspiracy theories, and these guilty pleas are an important element in service of that indispensable cause. They represent a series of confessions from the inner circle and not a heated external critique.Amid this cloud of uncertainty, there is one thing we do know: With each guilty plea, we receive further legal confirmation of a reality that should have been plainly obvious to each of us, even in the days and weeks immediately following the election. Trump’s effort to overturn the election wasn’t empowered by conventional counsel providing sound legal advice. It was a corrupt scheme empowered by an admitted criminal cabal.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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      Jenna Ellis Had Close Trump Ties Before Flipping in Georgia Election Case

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      Jenna Ellis, the lawyer who pleaded guilty and agreed to cooperate with the authorities in the Georgia prosecution, was closely involved in efforts to overturn the 2020 election.A few days before the 2020 election was slated to be certified by Congress, the lawyer Jenna Ellis sent President Donald J. Trump a memo suggesting a way he could stay in power by upending the normal course of American democracy.In the memo, Ms. Ellis, who had little experience in constitutional law, offered Mr. Trump advice he was also getting from far more seasoned lawyers outside government: to press his vice president, Mike Pence, who would be overseeing the certification ceremony at the Capitol on Jan. 6, 2021, not to open any Electoral College votes from six key swing states that Mr. Trump had lost.While Mr. Pence ultimately rejected Mr. Trump’s entreaties, state prosecutors in Georgia later accused Ms. Ellis of helping to develop a strategy for “disrupting and delaying” the election certification and with working closely with pro-Trump lawyers like Rudolph W. Giuliani as part of a sprawling racketeering case.On Tuesday, Ms. Ellis pleaded guilty to some of those charges at a court proceeding in Georgia, in which she tearfully agreed to work with the Fulton County District Attorney’s Office as it continues to prosecute Mr. Trump, Mr. Giuliani and more than a dozen other people.During her plea hearing, Ms. Ellis told the judge that she had relied on lawyers “with many more years of experience” than she had, a potentially ominous sign for Mr. Giuliani in particular.A spokesman for Mr. Giuliani did not immediately respond to a request for comment. With her guilty plea, Ms. Ellis became the fourth defendant — and the third lawyer — in the case to reach a cooperation deal with Fani T. Willis, the Fulton County district attorney. What began with a trickle last week, when two other pro-Trump lawyers — Sidney Powell and Kenneth Chesebro — pleaded guilty and agreed to turn state’s evidence, started to look a lot like a flood when Ms. Ellis appeared in court.While a person familiar with Ms. Ellis’s thinking described her as being extremely angry at Mr. Giuliani, her cooperation could be perilous for Mr. Trump as well. Ms. Ellis was on board with Mr. Trump’s team up until the end of his term in office — and he has since refused to help her with her legal bills. And unlike a number of people swirling around the former president, she had a direct relationship to Mr. Trump and was in contact with him at various points while he was in the White House.Indeed, if Ms. Ellis, Ms. Powell and Mr. Chesebro all end up taking the stand, they could paint a detailed collective portrait of Mr. Trump’s activities in the postelection period. Their accounts could include the thinking behind the frivolous lawsuits filed on his behalf challenging the results of the election and the role Mr. Trump played in a scheme to create false slates of electors claiming he had won states he did not.They could touch upon a brazen plot, rejected by Mr. Trump, to use the military to seize the country’s voting machines. And they could detail his efforts to strong-arm Mr. Pence into unilaterally throwing him the election on Jan. 6 — an effort that prosecutors say played a part in exciting the mob that stormed the Capitol.Steven H. Sadow, the lead lawyer representing Mr. Trump in the Georgia case, said the series of pleas shows “this so-called RICO case is nothing more than a bargaining chip” for the district attorney in charge of the prosecution, Fani T. Willis. He added that Ms. Ellis had pleaded guilty to a charge that was not part of the original indictment and that “doesn’t even mention President Trump.”A former prosecutor from a mostly rural county north of Denver, Ms. Ellis initially caught Mr. Trump’s eye by appearing on Fox News, where she beat the drum for some of his political positions — his immigration policy, among them. Mr. Trump formally brought her on as a campaign adviser in November 2019.The following year, she was among the people whom Mr. Trump often spoke with as Black Lives Matter protests erupted across the country, including in Washington. The local protests, some of which took place near the White House, enraged Mr. Trump and he looked for people to validate his desire to employ the force of the federal government to stop them.After Mr. Trump lost the election, Ms. Ellis quickly signed on with a self-described “elite strike force,” a group of lawyers that included Ms. Powell and Mr. Giuliani and began to push the false narrative that the presidential race had been rigged.In mid-November 2020, she appeared at a news conference in Washington where, as dark liquid dripped down Mr. Giuliani’s face, Ms. Powell laid out an outrageous conspiracy theory that a voting machine company called Dominion had used its election software to flip thousands of votes away from Mr. Trump to his opponent, Joseph R. Biden Jr.As Ms. Powell and other lawyers began to file a flurry of lawsuits challenging the election results, Ms. Ellis embarked on a kind of a traveling roadshow, accompanying Mr. Giuliani to key swing states for informal hearings with state lawmakers where they presented claims that Mr. Trump had been cheated out of victory.Over the span of about a week, in November and early December 2020, Ms. Ellis sat beside Mr. Giuliani at gatherings in Pennsylvania, Arizona, Michigan and Georgia. Their presence at these events, prosecutors say, was often coupled with direct appeals to state officials either to decertify the election results or to join in the so-called fake elector scheme.Even after Mr. Trump left office in 2021, he urged Ms. Ellis to keep alive the notion that he could be restored to the presidency.From Mar-a-Lago, his private club and residence in Florida, he encouraged various people — among them, conservative writers — to promote the idea that the efforts to overturn the results were not at an end and that there was still a possibility he could be returned to the White House.When Ms. Ellis posted on X that such a thing was impossible, Mr. Trump told her that her reputation would be damaged, a statement she took as pressure to reverse what she had said, according to a person with direct knowledge of the discussion.Mr. Trump, according to two people with direct knowledge of the discussion, conceded it was “almost impossible” but said that he wanted to keep the idea in circulation. It was an early sign of tension with the former president.Ms. Ellis has already said that she knowingly misrepresented the facts in several of her public claims that voting fraud had led to Mr. Trump’s defeat. Those admissions came as part of a disciplinary procedure conducted this spring by Colorado state bar officials. More

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      Jenna Ellis, Former Trump Lawyer, Pleads Guilty in Georgia Election Case

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      Three lawyers indicted with Donald Trump for trying to overturn the 2020 election results will now cooperate with prosecutors in the racketeering case.Jenna Ellis, a pro-Trump lawyer who amplified former President Donald J. Trump’s baseless claims of election fraud as part of what she called a legal “elite strike force team,” pleaded guilty on Tuesday as part of a deal with prosecutors in Georgia.During a public hearing Tuesday morning in Atlanta, Ms. Ellis pleaded guilty to a charge of aiding and abetting false statements and writings. She is the fourth defendant to plead guilty in the Georgia case, which charged Mr. Trump and 18 others with conspiring to overturn the 2020 presidential election in Mr. Trump’s favor.Ms. Ellis agreed to be sentenced to five years of probation, pay $5,000 in restitution and perform 100 hours of community service. She has already written an apology letter to the citizens of Georgia, and she agreed to cooperate fully with prosecutors as the case progresses.Prosecutors struck plea deals last week with Kenneth Chesebro, an architect of the effort to deploy fake Trump electors in swing states, and Sidney Powell, one of the most outspoken members of Mr. Trump’s legal team in the aftermath of the 2020 election.Late last month, Scott Hall, a bail bondsman charged along with Ms. Powell with taking part in a breach of voting equipment and data at a rural Georgia county’s elections office, pleaded guilty in the case.Fani T. Willis, the district attorney in Fulton County, Ga., obtained an indictment of the 19 defendants in August on racketeering and other charges, alleging that they took part in a criminal enterprise that conspired to interfere with the 2020 presidential election in Georgia. More

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      in Elections

      The Lawyers Now Turning on Trump

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      Clare Toeniskoetter and Marion Lozano and Listen and follow The DailyApple Podcasts | Spotify | Amazon MusicOver the past few days, two of the lawyers who tried to help former President Donald J. Trump stay in power after losing the 2020 election pleaded guilty in a Georgia racketeering case and have agreed to cooperate with prosecutors against him.Richard Faussett, who writes about politics in the American South for The Times, explains why two of Mr. Trump’s former allies have now turned against him.On today’s episodeRichard Fausset, a correspondent for The New York Times covering the American South.The two lawyers pleading guilty in the Georgia case are Sidney Powell, left, and Kenneth Chesebro.Photos: Jonathan Ernst/Reuters; Pool photo by Alyssa PointerBackground readingSidney Powell, a member of the Trump legal team in 2020, pleaded guilty and will cooperate with prosecutors seeking to convict the former president in an election interference case in Georgia.Kenneth Chesebro, a Trump-aligned lawyer, also pleaded guilty in Georgia.There are a lot of ways to listen to The Daily. Here’s how.We aim to make transcripts available the next workday after an episode’s publication. You can find them at the top of the page.Richard Fausset More

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      in Elections

      From Bush v. Gore to ‘Stop the Steal’: Kenneth Chesebro’s Long, Strange Trip

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      Mr. Chesebro, a buttoned-down Harvard lawyer, evolved from left-leaning jurist to key player in the Trump false electors scandal. What happened?In January 2001, Kenneth Chesebro was a mild-mannered Harvard lawyer toiling for Al Gore during the 2000 presidential election recount battle. Two decades later, on Jan. 6, 2021, he joined the mob outside the Capitol, reborn as a MAGA-hatted kingpin.On Friday, Mr. Chesebro’s journey took another turn, when he pleaded guilty in a criminal racketeering indictment in Fulton County, Ga., and agreed to testify against former President Donald J. Trump and other co-defendants, including Rudolph W. Giuliani and several other top Trump aides.Mr. Chesebro, 62, a workaholic who brought platinum credentials to Mr. Trump’s shambolic legal team, is the third defendant to plead guilty for his role in what prosecutors say was a criminal conspiracy to create fraudulent slates of pro-Trump electors in six states, including Georgia, that Joseph R. Biden Jr. had won.Mr. Chesebro’s trial, which had been scheduled to begin Monday, will no longer go forward. Liberal lawyers from his former life had hoped it would provide clues to an enduring mystery: What happened to “The Cheese?’’“I still don’t see what should have been a warning sign,” Laurence H. Tribe, the Harvard constitutional law scholar who was Mr. Chesebro’s mentor, said in an interview. “Was there anything I could or should have done?”Some former colleagues say Mr. Chesebro’s 180-degree turn came after a lucrative 2014 investment in Bitcoin and a subsequent posh, itinerant lifestyle. Others, like Mr. Tribe, see Mr. Chesebro as a “moral chameleon” and his story an old one about the seduction of power.“He wanted to be close to the action,” said Mr. Tribe, who is among 60 lawyers and scholars who signed an ethics complaint in New York that could result in Mr. Chesebro’s disbarment. At Harvard, Mr. Chesebro assisted Mr. Tribe on many cases, including Bush v. Gore, which Mr. Tribe, as Mr. Gore’s chief legal counsel, argued before the Supreme Court.“I was representing a vice president who might become president,” Mr. Tribe said. Mr. Chesebro, he continued, “saw me as having access to power. When the world turned and Donald Trump became president, I stopped hearing from him.”Laurence H. Tribe was a mentor to Kenneth Chesebro at Harvard Law School. When Mr. Tribe represented former Vice President Al Gore during the 2000 presidential election recount battle, Mr. Chesebro helped him.Stephen Crowley/The New York TimesMr. Chesebro has responded that in his work for Mr. Trump, he was providing him with the zealous legal advocacy that all clients deserve when he proposed a scheme that he acknowledged at the time “could appear treasonous.”“It is the duty of any attorney to leave no stone unturned in examining the legal options that exist in a particular situation,” Mr. Chesebro said in an interview with Talking Points Memo, before he was indicted. Beyond that interview, he has said very little, citing his Fifth Amendment rights against self-incrimination for most of a deposition he gave to the House committee investigating the Jan. 6 attacks.Emails released in the run up to Mr. Chesebro’s trial suggest it was not just the law that drove him. In emails to the other Trump lawyers fighting to overturn the 2020 results, Mr. Chesebro estimated the odds of the Supreme Court stepping in at 1 percent. Still, he added, appealing to the high court has “possible political value.”After his guilty plea on Friday, Mr. Chesebro’s lawyer, Scott R. Grubman, said in an email that “Mr. Chesebro is glad to be able to move on with his life and avoid spending even a minute in jail.” Mr. Grubman noted that Mr. Chesebro had pleaded guilty to one count of conspiracy, rather than the racketeering charge.‘The Cheese’ RisesMr. Chesebro grew up in Wisconsin Rapids, in the heart of the state. His father, Donald Chesebro, was a high school music teacher, clarinetist and local bandleader inducted into the Polka Hall of Fame.Mr. Chesebro graduated from Northwestern University and went on to Harvard Law School, where in a nod to his roots in America’s dairyland classmates dubbed him “The Cheese.” (His name is actually pronounced CHEZ-bro.)His classmates remember him as intelligent and clever among the students who clustered around Mr. Tribe. They describe him as socially awkward — “Hi, it’s um, Ken,” he would say on phone calls — and in trying to ingratiate himself with faculty staff members ended up pestering them by hanging around a little too long at their desks.But he worked hard, pulling all-nighters in writing briefs, especially if one was going to have Mr. Tribe’s name on it.Mr. Chesebro graduated from law school in 1986 and secured a coveted job, clerking in Washington for U.S. District Court Judge Gerhard A. Gesell, who presided over some of the most pivotal political cases of the 1970s and 1980s.Judge Gesell, who died in 1993, ruled against the Nixon administration’s effort to stop The Washington Post and The New York Times from publishing the Pentagon Papers about America’s involvement in Vietnam. He presided over several Watergate trials, ruling that President Richard M. Nixon’s office tape recordings were in the public domain because they had already been played in court, and that Nixon’s firing of Watergate special prosecutor Archibald Cox was illegal.The energetic judge prided himself on moving swiftly through his caseload with the help of a single clerk, who from 1986 to 1987 was Mr. Chesebro.Early one morning the judge entered his chambers to find Mr. Chesebro asleep on a sofa. A former clerk recalled that Mr. Chesebro confessed to him that without telling the judge, he had been living in the courthouse. The judge was generous with his staffers, the former clerk said, and had Mr. Chesebro told him he needed housing, he likely would have helped, the clerk said.Judge Gerhard Gesell, who presided over some of the most pivotal political cases of the 1970s and ’80s, prided himself on moving swiftly through his caseload with the help of a single clerk. From 1986 to 1987, that was Mr. Chesebro.Diana Walker, via Getty ImagesAfter his clerkship Mr. Chesebro did not join the government or a big plaintiffs’ firm, as many Gesell protégés did, but moved back to Cambridge and hung out his own shingle. For the next two decades he did occasional work for Mr. Tribe, writing briefs for his mentor.In 1994 he married Emily Stevens, a physician. Around the same time he began writing appellate briefs for a slew of cases brought by smokers against the major American tobacco companies. He registered to practice in multiple states, and crisscrossed the country.Holly Hostrup, a California lawyer who worked with Mr. Chesebro on appellate briefs defending multibillion-dollar verdicts against Philip Morris, recalled him as a fine lawyer. “He was obviously bright and had good arguments and had good experience and had been hired onto big cases and won big cases,” she said. Ms. Hostrup belongs to a lawyers’ email list and said that Mr. Chesebro had been weighing in on tobacco cases as recently as this year.After Mr. Chesebro’s indictment Ms. Hostrup asked an expert in courtroom psychology to help her understand: “How does a person who worked on all those cases on the plaintiffs’ side become a MAGA Republican?”“To my mind,’’ she said, “it was like turning around and going to work for Philip Morris.”Richard Daynard, a Northeastern University law professor and president of its Public Health Advocacy Institute, devised the legal strategy for suing the tobacco giants. “Ken was a guy with really interesting ideas, and proud of them,” he recalled.“I can see the seduction,” he added, speaking of Mr. Chesebro’s embrace by Trump World. “I’m a Democrat, and if I had some bright ideas Biden’s advisers were taking seriously, that’s a big deal, a kind of opportunity.“But of course I’m not about to throw my body over the tracks by saying this is a wonderful human being and whatever he was doing had to be for good reason.”Sudden Wealth, Severed TiesDuring the 2000 presidential election recount battle in Florida, Mr. Chesebro served on the research team assisting Mr. Tribe and other legal luminaries representing Mr. Gore. After Mr. Gore lost, Mr. Tribe and Mr. Chesebro worked together on a few more big lawsuits, then largely went separate ways.But they stayed in touch. Mr. Chesebro’s 2014 investment in Bitcoin netted him “several million dollars,” he wrote in an email to Mr. Tribe that was quoted in a recent article in Air Mail. His marriage ended, and Mr. Chesebro acquired expensive homes in Boston and Manhattan, and a villa in Puerto Rico.Soon after Mr. Chesebro’s big payday, his name began appearing on legal briefs filed by far-right conservatives, including John Eastman and a former Wisconsin judge, James Troupis. All three were described as co-conspirators in the federal indictment for the 2020 election scheme. He made hefty campaign donations to far-right Republicans, maxing out to Mr. Trump in 2020.Mr. Chesebro’s lawyers, Scott Grubman and Serreen Meki, speaking to journalists after his guilty plea in Atlanta on Friday.Pool photo by Alyssa PointerMr. Troupis appealed to Mr. Chesebro for help several days after the election. According to the Georgia indictment, Mr. Chesebro drafted a flurry of incriminating memos.In emails laying out the false electors plan, Mr. Chesebro misinterpreted Mr. Tribe’s work on Bush v. Gore, repeatedly citing it to support his theories. Mr. Tribe called him out in an article in August titled “Anatomy of a Fraud.” More