DA Fani Willis made the argument in an effort to invalidate Ken Chesebro’s claims of attorney-client privilege.
Fulton County District Attorney Fani Willis speaks in the Fulton County Government Center during a news conference, on Aug. 14, 2023, in Atlanta. | John Bazemore/APGeorgia prosecutors say a key Trump campaign legal adviser’s memos — which guided efforts to subvert the 2020 election despite former President Donald Trump’s defeat — cannot be shielded by attorney-client privilege because they were about politics, not law.
The argument sets up a crucial decision for Judge Scott McAfee, with potential repercussions for Trump and other attorneys like Rudy Giuliani and John Eastman who worked closely with the former president to undermine the 2020 election results. Chesebro contends that the memos should be excluded from his upcoming trial — set for Oct. 23 — because they were privileged work on behalf of his client, the Trump campaign.
But Chesebro’s memos took a turn in early December when he noted that Trump could use the elector strategy to prevail in the 2020 election even if his lawsuits failed — by using the Trump-backed electors to disrupt congressional proceedings on Jan. 6, 2021, the day that valid Electoral College votes were required by federal law to be counted.
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