hi everyone Harry here to talk about some interesting legal skirmishing going on in Georgia involving the Fulton County prosecution which we've pretty much been treating as comos but it's still got a little bit of life and some legal Maneuvers that really could matter I'm going to talk about two uh one by Trump and one by Ken chesbro who pleaded guilty early on on uh thinking that he was uh making a a smart move of minimizing his exposure and now feels unlucky or like a for um pleading and now the whole case looking to maybe be
going away okay but the context of it is the case is now in the court of appeal not in the trial level and it's there on appeal Trump and others appeal from the decision by the trial court not to recuse fonnie Willis and her office he took her to task H for the relationship with the prosecutor whom she had appointed to run the case but said there's no Financial conflict of interest which indeed there isn't and that's what you would need to recuse her so he said no but permitted Trump and others to take the
appeal which they did but then Myster seriously a few weeks ago while it's on appeal the court of appeal just issued this delphic order saying we're taking this case off calendar and you know don't call us we'll call you basically putting it into deep deep mothballs and without any indication of what has to happen to revive it not the same as dismissing it so that that happens you might have seen that at the time as a favorable outcome for Trump because at least it wasn't any kind of clear and present danger but he's now looking
to basically mop up the field and get all the cases against him just completely swept away so we have the federal cases uh where they are uh dismissed although without prejudice and he may still go after that without prejudice as ECT because it raises a theoretical possibility that the cases could return after his presidency we have New York where there's a whole big fight going on and he's filed a motion to dismiss again to make the whole thing go away not just to put it on ice during a presidency and now Georgia what do you
do in Georgia when the court has said this is off calendar we're not going to be doing anything with it and what he has filed is a motion saying you lack jurisdiction court of appeal because that permits him to invoke a doctrine that says the court always has to consider challenges to jurisdiction and always can consider challenges to jurisdiction so this is his preliminary Gambit people haven't noticed this so far I I think this um YouTube's the the first to do so but he uh thinks that that's the way to kind of get them out
of hibernation or get the case out of hibernation and force them to look at it of course that requires him to have a jurisdictional argument and basically it is the same argument as in the for the federal cases he's saying the olc memo is figuring in here again and uh which of course applies is is not law applies only to the executive branch of the federal government hasn't even been adopted by federal courts for the federal system although the Supreme Court immunity opinion drops a footnote that gives it more kind of heft and Credence among
federal courts but he wants to say there is this principle uh that the olc memo announces that you just can't a court can't do anything uh with a uh sitting president uh now of course he wants to try try to expand that importantly in two ways one he wants to say that applies to president elects as well and second he wants to say going back to what we were talking about that it it won't do to hold things in abeyance and uh just suspend them until the end of his term real problem there is the
olc memo says exactly the opposite says that you can hold it in a band so he's looking to stretch that one too and uh there's a sort of pincer technique on his part doing it in both New York uh and Georgia and hoping it works its way up to the US Supreme Court which recognizes that principle and says that he uh in fact gets a free pass total not to come back in the future so that's a PR there's a pretty short Motion in Georgia because it's styled as a challenge to jurisdiction it's not like
New York which was a whole screed challenging all kinds of evidence in the trial and then ending up with a big principle of New York uh law and the olc memo and the inauguration act this is just guys you've got a jurisdictional issue and that is you can't exercise jurisdiction over a president elect so that's you know not that's that's an extension and what the olc memo says is you can't bring it it's not the same as saying there's no jurisdiction which would mean you know there's not even any ability to consider the claim in
the first place but that's the sort of shoot the moon approach that Trump is uh taking here uh to say just you've got to dismiss it and now and um forever and citing this jurisdictional question so it puts the court of appeal it pushed back kind of firmly on the court of appeal's obvious decision to put things in in deep freeze and maybe forever because Trump wants more he wants the thing to go away and so he's making this jurisdictional argument now it's going to be hard I think for them to be completely silent they
could say no we still have jurisdiction uh oh oh and by the way in his jurisdictional argument he's making not just LC but he is bolstering it by saying the supremacy clause and principles of federalism mean that all of this applies to a state court as well in some ways even more you can't disable the sitting president again that's a new principle and again again uh that principle could be true without it being a jurisdictional principle keeping them from even hearing it but that's what he's trying to get the court to say and at least
try to dislodge them from their silence and get them talking in a way that he can then try to manipulate them into what he really wants which is to make the whole thing go away Here and Now and Forever whereas what he seems to have is it being in deep freeze okay um let me just uh return now to to Ken chesbro who had come in early realized the writing was on the wall and decided he better plead guilty and got a very sweetheart deal from fton County at the time and the writing was on
the wall uh but all of a sudden the wall is demolished and they're in a different building and he's like no you know now I've pleaded to uh the charge now he's gets a pretty light sentence five years of probation at the end of it certain things could go away might be able to practice law but of course now he wants the whole thing to go away and here is his Gambit it actually is also related to jurisdiction the claim to which he pleaded guilty was one of the three counts that Judge Scott mcburn later
dismissed on motion of trump it had to do with filing false materials in court saying oh we have this um elector uh certificates and that that was just just a lie and a fraudulent scheme as part and parcel of trying to uh steal the election from Biden but said judge MC Bernie you can't bring that here because your the state doesn't have the power to prosecute a fraud submitted in a federal court that's got to be the federal Court's Lookout and that in fact is what happened here it was filed in a federal court so
now there's a whole Doctrine I mean he's pleaded guilty and uh I think uh maybe there's the appeal isn't even uh left but there's a doctrine that gives sort of narrow review and relief when you've pleaded guilty or been convicted of something that a court subsequently determines isn't even a crime it's a complicated area having to do with retroactivity but that's what chesbro is trying to say look I pleaded it's not even a crime so it's a duee process violation you've got to uh scrap this charge from from the books and uh let me as
well be a free man uh notwithstanding my decision before to uh to plead guilty so that's going to be an interesting motion too that has to do with really basic principles of jurisdiction he's trying to say not just this was um a mistake but rather it was the kind of fundamental mistake that actually made non-criminal Behavior into a crime and therefore provides a broader Avenue of relief including here he argues to make the whole plea uh just uh go away and return him to a clean slate and let him as Trump is uh trying to
do just uh kind of pretend it all never happened so that's the efforts going down in Fon County we remember the cases in the court of appeal that seems to have no disposition to do anything with it but uh two different ways to try to force its hand Trump saying you've got a jurisdictional problem uh because you can't uh do this to me is that a jurisdictional problem well that's what we'll see unless the court of appeal holds to its silence and chesbro is saying to them I've been convicted on a plea it's true but
convicted of conduct that isn't a crime and I have a right to uh get out of that conviction so that's potentially a lot of action and Nuance law and federal constitutional law and we'll see how the court of appeal which and until a few days ago thought it was effectively done with this case as far as anyone could tell from its uh order saying we're this is off calendar now may be pressed into service and we'll see how they handle these two fairly fundamental arguments from Trump and chesbro talk to you later thanks for tuning
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