ATLANTA — A new ruling has introduced a significant decision for Kenneth Chesebro, a defendant in last year’s election interference case.
Chesebro’s attorney, Manny Arora, told Channel 2 investigative reporter Mark Winne that a recent ruling by Fulton Superior Court Judge Scott McAfee could allow Chesebro to undo his plea deal, but it comes with big risks.
Arora explained that Chesebro pled guilty under the First Offender Act to Count 15 of the indictment, which involved a false statement allegation regarding a federal document. He was sentenced to probation.
However, McAfee threw out that count on Thursday during a ruling involving other defendants.
“We have to decide what we want to do. Since we were given a probationary first offender sentence that arguably could end after two years of probation,” Arora said.
This development gives Chesebro the option of asking to reverse his plea.
But if he succeeds, he would return to face the more severe RICO conspiracy charge in the main indictment if the case moves forward after a pending Georgia Court of Appeals ruling on another issue.
Arora stressed the stakes of doing that.
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“If we did that, we would succeed. However, and Mr. Chesebro goes back into the main indictment as to the RICO charge,” Arora said.
He emphasized that, without the plea deal, Chesebro faces potentially more than a dozen years in prison if convicted on the RICO charge.
“If you’re convicted on a RICO charge, you’re looking at, you know, more than a dozen years in prison potentially,” Arora said.
Currently, Chesebro doesn’t have a conviction on his record because of the First Offender Act.
“When you take a plea under the First Offender (Act), you’re not a convicted felon at that point,” Arora said. “If you complete your probation term successfully, then it’s all wiped out.”
McAfee’s ruling involved the Supremacy Clause of the U.S. Constitution.
Arora noted that Chesebro’s defense team raised the issue last year, but their motion was denied.
Another recent ruling by McAfee was a victory for the prosecution, dismissing a challenge to the RICO charge.
This charge now heavily influences the decision Chesebro and his legal team must make.
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