The 'advice of counsel' defense for Trump was never going to work, but now it's really not going to work.
Photo illustration by Slate. Photos by Mandel Ngan/AFP via Getty Images, Bryan R. Smith/AFP via Getty Images, and Alyssa Pointer/Pool/Getty Images.On Friday, Kenneth Chesebro pleaded guilty to one count of conspiracy to file false documents in the Fulton County 2020 election conspiracy case, becoming the second high-level Donald Trump co-defendant to become a state’s witness in two days.
Chesebro’s testimony, meanwhile, implicates one of the key portions of the conspiracy both in Georgia and in the federal Jan. 6 case against Trump, specifically the efforts to create a slate of “false electors” to use during the Jan. 6 electoral count to overturn the results of the 2020 election. Now that both Chesebro and Powell are cooperating witnesses, the pressure on Giuliani and Eastman to plead and cooperate is exponentially higher.
In sum, while Georgia and DOJ attorneys have each received great potential benefits from the Powell and Chesebro deals, it was in no way structured to protect against a defense they know Trump cannot employ.
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