Fulton County Prosecutors Call RNC Chair, Alex Jones in Case Against Sidney Powell, Kenneth Chesebro

RNC Chair Ronna McDaniel speaks prior to the second Republican presidential primary debate at the Ronald Reagan Presidential Library in Simi Valley, California, on Sept. 27, 2023. Robyn Beck/AFP via Getty Images

Fulton County Superior Court Judge Scott McAfee on Tuesday signed off on two requests from prosecutors to call Republican National Committee (RNC) Chair Ronna McDaniel and radio show host Alex Jones as witnesses in the upcoming trial against Kenneth Chesebro and Sidney Powell.

Mr. Chesebro and Ms. Powell were indicted alongside former President Donald Trump and 16 others for challenging the results of the 2020 election in Georgia. All 19 defendants were charged with violating the state’s Racketeer Influenced and Corrupt Organizations Act; 18 have pleaded not guilty, with co-defendant Scott Hall accepting a plea bargain from the prosecutors.

Fulton County District Attorney Fani Willis argued that Ms. McDaniel and Mr. Jones are necessary material witnesses.

The order notes that Mr. Jones participated in a “Stop the Steal” rally in Georgia, as well as on Jan. 6, 2021, in Washington, D.C., where he marched with a bullhorn.

“Video footage shows that Kenneth Chesebro was marching on the Capitol alongside Alex Jones on this day,” the order reads. “The Court finds that Kenneth Chesebro was in communication with Alex Jones regarding the attempt to disrupt and delay the January 6, 2021 joint session of Congress.”

“Alex Jones possesses unique knowledge concerning communications between himself and Kenneth Chesebro and other known and unknown individuals involved in the multi-state, coordinated efforts to influence the results of the November 3, 2020 presidential election in Georgia and elsewhere.”

Ms. McDaniel is being called to testify because she had participated in phone call meetings with President Trump.

“Ronna McDaniel participated in a phone call with Donald Trump and John Eastman in December 2020 in which she was told the importance of the RNC helping the campaign gather ‘contingent’ electors for the November 3, 2020 presidential election,” the order reads.

She was also sent emails about the plans to challenge election results in six states.

“The Court finds that these communications are evidence against Kenneth Chesebro,” the order reads.

Mr. Jones and Ms. Daniel are now required to testify at the upcoming trial, which begins on Oct. 23. They were not given specific dates for the testimonies. Prosecutors will cover their travel and accommodation fees.

Tuesday Hearing

Attorneys for the two defendants met with the judge and prosecutors Tuesday afternoon to go over pretrial motions.

Mr. Chesebro has asked that the criminal charges against him, and the indictment, be dismissed because of defenses under the First Amendment and Supremacy Clause in the Constitution. He is also arguing that his communications with his client, the Trump campaign, and protected under attorney-client privilege and cannot be entered into evidence. The 21 acts involving Mr. Chesebro in the indictment all have to do with communications he claims are privileged.

The prosecutors opposed the motions, arguing that Mr. Chesebro was delving into the logistics of arranging alternate slates of electors, and “that is not speech, that is not expression, that is not legal advice” that would be protected under those defenses.

His attorney Manny Aurora argued that that was exactly what lawyers did, and such actions are still covered under attorney-client privilege.

“All of these acts [of racketeering in the indictment] deal with the emails. You tell your client this is how you’re supposed to do it, fill it out this way, do it in triplicate this way, mail it this way,” he countered.

The hearing lasted two and a half hours, with the judge issuing no new order. He had procedural concerns, and told both parties these were motions to be argued at trial, not in a pretrial hearing. The defense disagreed, maintaining that the case should not have been brought at all as they do not see that the prosecution has pointed to any crime.

“Both sides are eager to dive into it and do battle,” the judge said.

Oct. 23 Trial

Mr. Chesebro’s and Ms. Sidney’s charges have little to do with each other, but given that the case involves 19 defendants and an estimated 150 witnesses from the prosecution’s side, the judge had ordered the two be tried together, since both defendants demanded a speedy trial.

Judge McAfee did not rule out further severing some of the remaining 16 defendants’ cases further down the road.

“Even if the State’s case remains identical in length, and the aggregate time invested by the Court is increased, the burden on the jurors for each individual trial is lessened through shorter separate trials,” he wrote.

“We must consider the ripple effects of a months-long, multi-defendant trial on the local criminal justice system, sidelining dozens of defense counsel from handling other cases and preventing this Court—and quite likely most colleagues—from managing the rest of the docket.”