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Kaelan Deese, Supreme Court Reporter


NextImg:Kenneth Chesebro denied bid to dismiss Trump RICO case with Monty Python 'parrot' reference

The judge presiding over the Georgia election subversion case rejected a bid by defendant Kenneth Chesebro to dismiss his indictment, according to a filing on Friday.

Fulton County Superior Court Judge Scott McAfee denied Chesebro's motion in a three-page order Friday that referenced the well-known "Dead Parrot Sketch" from Monty Python's Flying Circus.

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Fulton County Superior Court Judge Scott McAfee presides over a hearing regarding media access in the case against former President Donald Trump and 18 others at the Fulton County Courthouse in Atlanta, Thursday, Aug, 31, 2023.

Chesebro, a former election lawyer for former President Donald Trump, sought to dismiss the charges based on an alleged paperwork error involving Fulton County special assistant Nathan Wade, who was involved in presenting evidence to the grand jury.

"Because Mr. Wade did not file his oaths as expressly required by law, any actions that he took prior to filing the oath on September 27, 2023, are void as a matter of law," Chesebro's attorneys wrote in court filings earlier this week.

But McAfee held that Chesebro's counsel did not establish the Georgia legal statute requiring the filing of oaths applied to Wade, who was hired by District Attorney Fani Willis for the purpose of assisting the grand jury probe.

Georgia law states "official acts of an officer shall be valid regardless of his omission to take and file the oath, except in cases where so specifically declared," McAfee wrote.

Toward the end of his opinion, McAfee appeared to reference the famous sketch where a pet store owner attempts to tell a customer that a dead parrot he sold him is actually alive.

"If this parrot of a motion is somehow not yet dead, the defendant has failed to establish how Special ADA Wade's actions resulted in prejudice, i.e., how his assignment singlehandedly changed any specific actions taken during the investigation or resulted in the true bill of the indictment," McAfee argued. "Nor has defendant established a constitutional violation or structural defect in the grand jury process sufficient to justify outright dismissal."

Sidney Powell and Kenneth Chesebro.

The rejected motion comes one day after another former Trump campaign attorney, Sidney Powell, had a similar motion rejected by McAfee.

The pair have filed a request for a speedy trial and have had their cases severed from the remaining 17 defendants in the case, including Trump.

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Jury selection for Chesebro and Powell's trial is slated to begin on Oct. 20 and a trial will commence on Oct. 23, McAfee has said.

Both are facing seven charges, including a violation of Georgia's racketeering law, in the sweeping indictment and have pleaded not guilty to the charges.