Left: Court records made public as part of a settlement this week involving fake electors in Wisconsin surfaced this photo of Ken Chesebro at the Capitol on Jan. 6. Behind him in background wearing black jacket ad with face in profile is far-right conspiracy theorist Alex Jones. Right: Chesebro poses for a mug shot after Donald Trump and his allies were indicted in an election RICO case (Fulton County Sheriff’s Office).
A pro-Trump lawyer who more than one year ago now pleaded guilty to conspiracy to commit filing false documents, a felony, and agreed to cooperate with prosecutors against Georgia RICO case co-defendants, which includes the former president, has been “convicted of a serious crime” and, for that reason, should have his license to practice in New York “immediately” suspended, a court decided on Thursday.
Chesebro is an attorney who drafted a legal memo contemplating a scenario where then-Vice President Mike Pence on Jan. 6 could set aside legitimate electoral votes from “contested States” and replace those with “Trump-Pence electors.” That memo was featured prominently in the Jan. 6 Committee’s final report, which highlighted the lawyer’s communications to propel the fake elector scheme forward in Nevada, Arizona, Wisconsin, and elsewhere.
On Oct. 20, 2023, Chesebro pleaded guilty in Georgia and received a sentencing recommendation from DA Fani Willis’ (D) office of five years probation, 100 hours of community service, and $5,000 in restitution. He also apologized in a letter to the “citizens of the State of Georgia and of Fulton County” for his “involvement in Count 15 of the indictment.” He’s reportedly been cooperating in other state investigations since.
The New York Supreme Court’s Appellate Division, Third Judicial Department, pointed out on Thursday that Chesebro’s ability to practice law has been impacted in several states, for instance by receiving a temporary suspension in Massachusetts several months ago.
“The Attorney Grievance Committee for the Third Judicial Department advises that, as of March 2024, respondent was temporarily suspended by the Supreme Judicial Court for Suffolk County in Massachusetts,” a footnote said. “Moreover, respondent is listed as not eligible to practice law in California; inactive and not eligible to practice law in Florida; and voluntarily inactive in Illinois.”
The court explained that while the Attorney Grievance Committee pushed for Chesebro to be automatically disbarred for having been convicted of a felony, an interim suspension was appropriate at this time.
According to the suspension order, the Georgia crime Chesebro pleaded guilty to committing was “not essentially similar” to a New York felony, but it still “meets the definition of a serious crime in this state” and for that reason it warranted immediate suspension.
“Having concluded that respondent has been convicted of a serious crime, we accordingly suspend respondent from the practice of law in New York on an interim basis,” the ruling said.
The court additionally noted that Chesebro maintained the judgment in his Georgia case is technically not “final” because the way his plea deal was structured could lead his record to be wiped away as a first time offender, if he complies with the terms of his probation. The guilty plea nonetheless came back to haunt him on Halloween.
“While the state of Georgia may defer its own proceedings against respondent and may treat him, upon successful completion of his term of probation, as never having been convicted of a crime, our review of the record reveals that a judgment of conviction has in fact been rendered by the Georgia courts,” the ruling said. “Specifically, the certified records from the Superior Court of Fulton County reveal that it entered a judgment against respondent, directing him to complete a five-year term of probation with various conditions, including cooperating in providing testimony against his codefendants. In our view, it is of no moment that respondent may ultimately be ‘exonerated’ under Georgia law, as it equally as plausible that he may violate the terms of his probation and be subjected to additional criminal penalties as a result.”
At the end of the ruling, the court said that during Chesebro’s suspension “respondent is commanded to desist and refrain from the practice of law in any form in the State of New York[.]”
Read the court’s order here.
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