Well it didn't really have a chance anyway... Nothing more pathetic than these "lawyers" not knowing the law themselves. Kind of scary when you think they actually represented people in real cases. When the judge has to reference Monty Python... well, you know you aren't doing yourself any favors with your actions in the case.
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Georgia Judge Absolutely Shreds Trump Co-Defendant’s Latest Hail Mary
Attorney Kenneth Chesebro, alleged mastermind of the illegal “fake electors” plot launched by a frenzied Trump team in an attempt to keep the defeated former president in office, just cannot catch a break.
The Massachusetts-based lawyer was handed his latest loss in court on Friday, when Judge Scott McAfee handed down a blistering order denying an audacious attempt by Chesebro to get his indictment in the sprawling racketeering case dismissed outright due to an apparently trifling paperwork error. Chesebro’s attorney Scott Grubman filed a Hail Mary pass of a motion on Wednesday, claiming that Fulton County Special Prosecutor Nathan Wade, who was specially selected by District Attorney
to help oversee the case, was late in submitting the appropriate paperwork necessary to formalize his appointment.
Citing an obscure section of the Official Georgia Code, the motion deemed Wade’s participation thus far in the case “void as a matter of law.” The indictment in Fulton County against Trump, Chesebro, and 17 other co-defendants over the hamfisted attempts to reverse Georgia’s 2020 presidential election results, was filed on Aug. 17. Wade, however, didn’t hand in his signed oath of Special Assistant District Attorney until Sept. 27, following an inquiry from Grubman.
“Nathan Wade, who has and continues to serve as lead counsel in this case—including during the presentment of the case to the criminal grand jury and at the time the underlying indictment was returned—was not an authorized public officer by Georgia law,” Chesebro’s motion states.
First Plea Deal in Georgia RICO Case Is Not Good News for Trump
It accuses Wade of committing a misdemeanor by presenting the case to a grand jury and obtaining an indictment “without first taking and filing the appropriate oaths.”
“Accordingly, the indictment in this case must be dismissed,” the filing states.
On Friday, McAfee systematically dismantled Chesebro’s latest attempt to duck accountability, making legal mincemeat out of the 62-year-old’s reasoning in less than 900 words.
In the order, McAfee noted that Chesebro, like Wade, filed his motion after the official deadline. However, McAfee said he allowed an exception and decided to address the merits anyway “because the motion is so easily dispatched.”
To begin with, McAfee said Chesebro’s motion “fail[ed] to establish that this code section is even relevant to Special ADA Wade.” The Georgia Code states that the requirements in question do not apply to those tasked to work on specific cases, rather than being sworn in on a general assignment. But, McAfee wrote, Chesebro’s motion noted this exception, “then blithely move[d] on without adequately explaining why it should not apply.”
The smackdown continued apace, lambasting Chesebro for citing the appropriate stipulation but leaving it “tucked away in a footnote with only the unsupported assertion that ‘prosecuting a criminal case is one such specially declared situation.’”
“The Court has not been provided, nor located, any authority to support this claim,” according to McAfee’s order.
McAfee then schooled Chesebro and his attorney on the “‘de facto’ officer theory recognized early in our Supreme Court’s existence,” which holds that anyone who “exercises the duties of an office under color of an appointment or election to that office” is indeed considered to be an officer, in practice. The validity of this “is so well settled that it is embodied in the [Georgia] Code,” and even without filing his oath at all, Wade’s work on the case to this point “would nevertheless be valid.”
“And if this parrot of a motion is somehow not yet dead,” McAfee goes on, “the Defendant has failed to establish how Special ADA Wade’s actions resulted in prejudice, i.e., how his assignment singlehandedly changed any specific actions taken during the investigation or resulted in the true bill of indictment… Nor has Defendant established a constitutional violation or structural defect in the grand jury process sufficient to justify outright dismissal.”
And so, McAfee writes, “The motion is DENIED.”
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