Fulton County District Attorney Fani Willis got some bad news.
Willis’s dream of jailing Trump took a hit.
And Fani Willis heard one word about a secret audio tape that left her case against Trump in shambles.
Journalists worked themselves into a tizzy over the news that Trump lawyer Ken Chesebro cooperated with investigators in Michigan on a probe of the Trump campaign submitting an alternate slate of electors following the 2020 election.
Campaigns submitted alternate slates of electors multiple times throughout American history with the most recent example being JFK challenging the results in Hawaii with alternate electors back in 1960.
That Willis charged Trump for conspiring to overturn the election using alternate electors – a legitimate legal strategy – showed that Democrats just want to criminalize Trump participating in politics.
This news raised hopes that Chesebro – who pleaded guilty in Willis’s RICO case against Trump for challenging the results of the 2020 election in Georgia – would turn out to be a modern-day John Dean.
Dean was the Nixon White House counsel who turned against Nixon and whose testimony helped drive Nixon from office.
But those hopes were already far-fetched as the charges Chesebro pleaded guilty to were minor misdemeanors that carried no jail time and never referenced the conspiracy Willis claimed took place.
This raised a red flag that Willis couldn’t actually prove the case she set out to make.
CNN’s liberal legal analyst Elie Honig drove a stake through the heart of these hopes describing the audio of Chesebro’s interview with Michigan authorities a “poison” for Willis or Jack Smith, both of whom charged Trump on conspiracy counts.
“Kenneth Chesebro is a mixed bag for prosecutors and I guess, therefore, for Donald Trump. And mixed bags aren’t great when you’re a prosecutor and you bear the burden of proving your case not by 51% but beyond a reasonable doubt to a unanimous jury. Here’s why — Chesebro has clearly been valuable to prosecutors because he’s giving them details…It gives life to the allegations. How exactly did these ballots make their way from Minnesota or Wisconsin to Washington, D.C.? That’s important for prosecutors to know. It gives them leads,” Honig stated.
Honig explained that if prosecutors called Chesebro he would be a “Brady witness” – meaning a witness called by the prosecution but who helps the defense – because the audio captures Chesebro bolstering Trump’s defense that he was just following the advice of lawyers by telling investigators that submitting alternate electors was perfectly legal and designed to provide the campaign standing to mount court challenges.
“But this is important: Kenneth Chesebro will never take the stand. He will never be called to the stand by a prosecutor, by Fani Willis or Jack Smith. And here’s a line from the reporting, a crucial line from Katelyn’s reporting, I’ll read it verbatim: ‘Chesebro has maintained, then and now, that the plan … was a lawful move to preserve Trump’s legal rights.’ If he says that, and that apparently is his view, he’s poison to prosecutors. He will be what we call a Brady witness. Meaning a witness that’s helpful to the defense, based on an old case called Brady. So he’s useful investigatively. But anyone who thinks he will be the next John Dean or the smoking gun witness, absolutely not. Mark my words, no prosecutor will call him to the stand,” Honig added.
Normally prosecutors induce guilty pleas to flip lower-level members of a criminal conspiracy against the higher-ups who are the real targets of the investigation.
But the Chesebro audio and Honig’s subsequent analysis of what it means provides further proof that all Willis is after is creating negative headlines to hurt Donald Trump’s chances of defeating Joe Biden and that these charges are a sham.
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