On Dec. 24, 2020, Kenneth Chesebro and other lawyers fighting to reverse President Donald J. Trump’s election defeat were debating whether to file litigation contesting Joseph R. Biden Jr.’s victory in Wisconsin, a key swing state.
Mr. Chesebro argued there was little doubt that the litigation would fail in court — he put the odds of winning at “1 percent” — as Mr. Trump continued to push his baseless claims of widespread fraud, according to emails reviewed by The New York Times.
But the “relevant analysis,” Mr. Chesebro argued, “is political.”The emails have new significance because Mr. Chesebro is scheduled to be one of the first two of Mr. Trump’s 18 co-defendants to go on trial this month on charges brought by the district attorney’s office in Fulton County, Ga.
The indictment accused Mr. Chesebro of conspiring to create slates of so-called fake electors pledged to Mr. Trump in several states that Mr. Biden had won.
Mr. Chesebro’s lawyers have argued that his work was shielded by the First Amendment and that he “acted within his capacity as a lawyer.” They have called for his case to be dismissed, saying he was merely “researching and finding precedents in order to form a legal opinion, which was then supplied to his client, the Trump campaign.”
Persons:
Kenneth Chesebro, Donald J, Joseph R, Biden, Chesebro, —, Trump, Mr, “, Trump’s, ”
Organizations:
“, The New York Times, Mr
Locations:
Wisconsin, Fulton County ,