Kenneth Chesebro says a prosecutor in the case did not submit his oath of office.
October 4, 2023, 8:40 p.m. ET
5 minutes read
Three weeks before his trial is scheduled to begin in Fulton County, a defendant in the Georgia election interference case is asking to have charges against him dismissed because of an alleged clerical error by one of the lead special prosecutors in the case.
Kenneth Chesebro, a lawyer who wrote legal memos proposing the use of so-called “alternative voters” to prevent Joe Biden from receiving 270 electoral votes in the 2020 election, is scheduled to appear in court on October 23, according to his lawyer claimed that Fulton County Special Prosecutor Nathan Wade, who was brought in by the district attorney to help investigate the case, did not take the oath of office required to join the prosecutor’s team.
The motion alleges that Wade filled out the oath of office but did not submit it as required by law until last week — an error that Chesebro said renders Wade’s work “invalid as a matter of law.”
“Nathan Wade, who served as lead counsel in this case and continues to do so – including during the presentation of the case in criminal court and at the time of the return of the underlying indictment – was not an authorized officer under Georgia law,” it says the file.
Chesebro attorney Scott Grubman’s filing alleges that Wade did not take any of the required oaths “until September 27, 2023, shortly thereafter.” [Grubman] sent Mr. Wade an email inquiring about this apparent omission (and asking for proof of filing).”
In the filing, Chesebro’s attorney urged the judge not to “exaggerate the alleged paperwork error to mere ‘technical noncompliance'” — and warned that it was an error that could lead to a criminal violation.
However, former Georgia Attorney General Chris Timmons said the practice of appointing special assistant district attorneys was “routine” in the state and that “at worst” the mistake would be “embarrassing” for the state – but not a blow to the state entire indictment.
Fulton County Sheriff’s Office
“If he wasn’t sworn in, it would be embarrassing at worst for the Fulton County District Attorney’s Office, but it would have no impact on the case,” Timmons told ABC News. “The Supreme Court of Georgia has unanimously ruled that the presence on the grand jury of individuals who are not sworn assistant district attorneys does not invalidate an otherwise valid indictment.”
However, Grubman says in the filing that the Georgia state legislature has made it a misdemeanor “to take any action as a public official without first taking and taking the appropriate oaths.”
“Because Mr. Wade did not take his oath as expressly required by law, any actions he took prior to taking the oath on September 27, 2023 are legally invalid,” the filing states. “This includes presenting this case to criminal court and receiving an indictment in return.”
“Accordingly, the charges in this case should be dismissed,” the filing states.
Chesebro and 18 others, including former President Donald Trump, pleaded not guilty to all charges in August in a sweeping indictment over alleged efforts to overturn the results of the 2020 presidential election in the state of Georgia. Defendant Scott Hall then entered into a plea deal in which he pleaded guilty to tampering with voting machine equipment.
Chesebro’s attorneys admit that their client wrote the legal memos that were at the center of his alleged conduct, but say his actions were justified because Chesebro “fulfilled his duty to his client as an attorney.”
The Fulton County District Attorney’s Office declined to comment to ABC News.
Chesebro’s filing comes before another in-camera hearing in the case is scheduled for this week, where the judge will hear a separate motion to dismiss filed by Chesebro’s co-defendant, Sidney Powell.
