Wednesday, August 9, 2023

Chesebro Secret Memo Laid Out Strategy for Trump to Overturn Biden’s Win - The New York Times

Kenneth Chesebro was a plaintiff's lawyer 
in the landmark Daubert case, 
fighting Merrell Dow Pharmaceuticals.
 He is now an unindicted co-conspirator of Donald J. Trump.

Kenneth J. Chesebro was  a young appellate lawyer with whom I collaborated to stem a pharma attack on product liability suits arising from dangerous drugs.  He was at the right hand of Georgetown's Michael Gottesfeld who represented plaintiffs before the Supreme Court. Chesebro collaborated with me and other trial lawyers and professors who wrote pro-plaintiff friend of the court briefs in the landmark scientific evidence case Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993).

A one-time research assistant to liberal lion Laurence Tribe, he at some point began to keep remarkably different company as a recent Talking Points Memo interview demonstrates.  Just a few days ago he came under attack by his former mentor in a Just Security essay by Tribe titled Anatomy of a Fraud: Kenneth Chesebro's Misrepresentation of My Scholarship in his Efforts to Overturn the 2020 Presidential Election.   But Chesebro's efforts for Trump have him facing more than allegations of unprofessional conduct by a onetime mentor.  He has been identified by Special Prosecutor Jack Smith as Co-conspirator No. 5 - “an attorney who assisted in devising and attempting to implement a plan to submit fraudulent slates of presidential elections to obstruct the certification proceeding.”
Maggie Haberman and colleagues discuss the memo and Chesebro's role in what prosecutor Jack Smith has alleged was a conspiracy to violate voters rights.
- GWC 8/9/23


Attorney Chesebro Memo Laid Out Strategy for Trump to Overturn Biden’s Win - The New York Times
Aug. 8, 2023
A lawyer allied with President Donald J. Trump first laid out a plot to use false slates of electors to subvert the 2020 election in a previously unknown internal campaign memo that prosecutors are portraying as a crucial link in how the Trump team’s efforts evolved into a criminal conspiracy.

The existence of the Dec. 6, 2020, memo came to light in
last week’s indictment of Mr. Trumpthough its details remained unclear. But a copy obtained by The New York Times shows for the first time that the lawyer, Kenneth Chesebro, acknowledged from the start that he was proposing “a bold, controversial strategy” that the Supreme Court “likely” would reject in the end.

But even if the plan did not ultimately pass legal muster at the highest level, Mr. Chesebro argued that it would achieve two goals. It would focus attention on claims of voter fraud and “buy the Trump campaign more time to win litigation that would deprive Biden of electoral votes and/or add to Trump’s column.”

The memo had been a missing piece in the public record of how Mr. Trump’s allies developed their strategy to overturn Mr. Biden’s victory. In mid-December, the false Trump electors could go through the motions of voting as if they had the authority to do so. Then, on Jan. 6, 2021, Vice President Mike Pence could unilaterally count those slates of votes, rather than the official and certified ones for Joseph R. Biden Jr.
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