Judge Approves Probation Change for Ex-Trump Campaign Attorney for Ongoing Election Investigations

Kenneth Chesebro (2nd L), a lawyer who worked with former President Donald Trump's 2020 reelection campaign, speaks to his attorney Scott Grubman (2nd R) as he appears before Judge Scott McAfee in a hearing related to the 2020 election interference case in Fulton County Superior Court in Atlanta, Georgia, on Oct. 10, 2023. Alyssa Pointer-Pool/Getty Images

Fulton County Superior Court Judge Scott McAfee in Georgia approved a change to former Trump Campaign attorney Kenneth Chesebro’s probation on Nov. 27, allowing him to travel to Nevada, Arizona, and Washington, where he faces ongoing investigations related to the 2020 presidential election.

Mr. Chesebro was indicted in August, along with former President Donald Trump and 17 others—all charged with violating Georgia’s Racketeer Influenced and Corrupt Organizations (RICO) Act for their actions challenging the 2020 election results.

Mr. Chesebro pleaded guilty in October after negotiating a plea agreement just days before his trial was set to begin.

Alternate Electors

Mr. Chesebro had outlined in a legal memo for the Trump campaign a strategy that included using alternate electors in several states and delaying the counting of the votes on Jan. 6, 2021, so that challenges could be continued in court.

These alternate slates of electors were used in Arizona, Georgia, Michigan, New Mexico, Nevada, Pennsylvania, and Wisconsin.

In Georgia, Mr. Chesebro and other attorneys with whom he was in contact were indicted for conspiracy to submit false filings and other charges in addition to violating RICO. The indictment cast the alternate elector strategy as a conscious conspiracy to “impersonate” electors, though legal scholars have pointed out that similar strategies have been used in past presidential elections.

Four of the Georgia alternate electors were indicted for conspiracy to commit false statements, impersonating public officials, and other crimes. They have jointly argued—in a failed attempt to remove the case to federal court—that they were following the direction of the legal counsel of the president of the United States.

Other states have launched investigations into the alternate electors, and last week, Mr. Chesebro’s attorney requested the change to his probation that would allow him to travel to those states “in order to meet with counsel.”

Investigations Mounting

Earlier this month, Politico reported that Nevada Attorney General Aaron Ford had been investigating for weeks the six alternate electors who cast Republican ballots during the 2020 elections, citing multiple anonymous sources. Mr. Chesebro’s motion days later seemed to further confirm that legal action may be underway in Nevada.

Arizona Attorney General Kris Mayes announced earlier this month that her office was also investigating the 2020 Republican electors.

“It’s robust. It’s a serious matter,” Ms. Mayes said. There were 11 alternate electors in Arizona. “We’re going to make sure that we do it on our timetable, applying the resources that it requires to make sure that justice is done—for not only Arizonans but for the entire country.”

She confirmed on CNN that she had been in contact with investigators in Michigan, Georgia, and the Department of Justice (DOJ).

Michigan’s attorney general announced charges against 16 Republican “false electors” in July, with all pleading not guilty to eight criminal charges that were similar in nature to the Georgia charges. They have been charged with forgery and conspiracy to commit election forgery, referring to the ballots they cast. Later, in October, one of the 16 accepted a plea deal and had his case dismissed in exchange for his cooperation.

In Washington, special counsel Jack Smith has indicted President Trump on four counts, alleging he interfered with the 2020 elections.

Much of the indictment referenced the events of Jan. 6, 2021, which dealt with a rally that turned into a breach of the U.S. Capitol on the day that Congress was to count the electoral votes. The delaying of the vote count had also been part of Mr. Chesebro’s legal memo.

The case goes to trial on March 4, 2024, although defense attorneys are currently seeking to have the case dismissed on statutory and constitutional grounds and are arguing that the prosecution is politically motivated.

Federal investigators have been in contact with the states where alternate slates of electors sought to cast ballots, according to several attorneys general offices.

In New Mexico, the attorney general’s office confirmed in August that an investigation is underway and that state officials have been in regular contact with the DOJ.

“We will work with [the special counsel’s] office to obtain any and all evidence relevant to the state’s inquiry,” a spokesperson told local media in August. “Our paramount concern is to gather a complete factual record before making any formal decision in this matter and to coordinate our efforts with our federal law enforcement partners in a manner that best secures the public’s faith in the integrity of the electoral process.”

In Wisconsin, the attorney general has brought civil charges against 10 Republican electors and two Trump attorneys. A motion from President Trump’s team to dismiss the case was denied.

No investigation has been announced in Pennsylvania.

In Georgia, aside from Mr. Chesebro, three more of President Trump’s co-defendants have accepted plea agreements. Attorney Sidney Powell, who had been very public with her efforts to investigate election fraud, Trump attorney Jenna Ellis, and Georgia bail bondsman Scott Hall pleaded guilty to significantly lesser charges than the original indictment.

The remaining 14 may not go to trial until August 2024, at the earliest. The judge has yet to set a date, but prosecutors have requested an August 2024 trial date, which would take place after President Trump’s several other criminal court cases.