Why Ken Chesebro's law license was suspended in New York

Left: Court documents released this week as part of a fake voter settlement in Wisconsin surfaced this photo of Ken Chesebro at the Capitol on Jan. 6. Behind him in the background, wearing a black jacket and with his face in profile, is a right-wing extremist conspiracy theorist Alex Jones. Right: Chesebro poses for a mugshot after Donald Trump and his allies were indicted in a Fulton County Sheriff's Office (RICO) election case.

A pro-Trump lawyer who pleaded guilty more than a year ago to conspiracy to file false documents, a felony, and agreed to work with prosecutors against co-defendants in the Georgia RICO case, which includes the former president , working together was “condemned”. a serious crime” and his license to practice law in New York must be withdrawn “immediately” for this reason, a court decided on Thursday.

Chesebro is an attorney who wrote a legal memo considering a scenario in which then-Vice President Mike Pence could overturn legitimate electoral votes from “battleground states” on Jan. 6 and replace them with “Trump-Pence voters.” . That memo was featured prominently in the committee's final report on Jan. 6, which highlighted the attorney's communications to advance sham voting systems in Nevada, Arizona, Wisconsin and elsewhere.

On October 20, 2023, Chesebro pleaded guilty in Georgia and received a sentencing recommendation of five years probation, 100 hours of community service and $5,000 in restitution from District Attorney Fani Willis' (D) office. He also apologized for his “participation in Count 15” in a letter to “the citizens of the State of Georgia and Fulton County.” He has since reportedly cooperated with other government investigations.

The Appellate Division of the New York Supreme Court, Third Judicial Department, noted Thursday that Chesebro's ability to practice law has been affected in several states, such as the temporary suspension in Massachusetts several months ago.

“The Attorney Grievance Committee of the Third Judicial Department advises that defendant has been temporarily suspended by the Superior Court of Suffolk County, Massachusetts, effective March 2024,” it said in a footnote. “Furthermore, defendant is listed as ineligible to practice law in California; inactive and ineligible to practice law in Florida; and voluntarily inactive in Illinois.”

The court explained that while the Attorney Grievance Committee had pushed for Chesebro to be automatically disbarred because of his felony conviction, an interim suspension was appropriate at this time.

According to the suspension order, the Georgia crime to which Chesebro pleaded guilty was “not substantially comparable” to a New York crime, but it still “meets the definition of a serious felony in this state” and warranted immediate suspension for that reason .

“Having concluded that defendant was convicted of a serious felony, we accordingly provisionally suspend defendant from practicing law in New York,” the ruling states.

The court also noted that Chesebro claimed the verdict in his Georgia case was not technically “final” because the way his plea deal was structured could result in his record as a first-time offender being expunged if he complies with the terms of his probation. Still, the admission of guilt on Halloween haunted him.

“While the State of Georgia may stay its own case against the defendant and, upon successful completion of his probation, treat him as if he had never been convicted of a crime, our review of the record shows that this has indeed been the case by the courts in Georgia ruled,” the ruling said. “Specifically, Fulton County Superior Court certified records indicate that defendant has been entered into a judgment ordering him to complete five years of probation with various conditions, including cooperation in testifying against his co-defendants.” In our opinion “It is irrelevant that the defendant will ultimately be “exonerated” under Georgia law because it is equally plausible that he will violate the terms of his probation and be subject to additional criminal penalties as a result.”

At the conclusion of the ruling, the court said that during Chesebro's suspension, “defendant is ordered to cease and desist from practicing law in any form in the State of New York.”[.]”

Read the court's decision here.

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