On Friday, a state judge in Georgia denied Kenneth Chesebro's request to have his charges dropped in the state elections interference case. Chesebro is a co-defendant with Donald Trump in the case.
The plea to have the charges against Chesebro dropped was denied by the Fulton County Judge Scott McAfee on Friday, as The Hill reported.
Chesebro argued that the failure of the special prosecutor Nathan Wade to turn in the required papers on time for his oath of office should be grounds for dismissal of the charges.
"The Defendant has failed to establish how Special ADA Wade's actions resulted in a prejudice, i.e., how his assignment singlehandedly changed any specific actions taken during the investigation in the true bill of the indictment," McAfee said in his rejection, which CNN acquired.
"The Defendant has failed to establish how Special ADA Wade's actions resulted in a prejudice," the judge went on.
According to McAfee's statement on the issue, a defendant who wishes to have an indictment against them dismissed must demonstrate that one of their constitutional rights has been infringed.
In the indictment against the former President of the United States, Donald Trump, Chesebro was named as the fifth co-conspirator because he was "an attorney who assisted in devising and attempting to implement a plan to submit fraudulent slates of presidential elections to obstruct the certification process." In other words, Chesebro helped devise the plot.
The decision to deny Chesebro's request to separate his charges from those of another attorney linked with Trump, Sidney Powell, was made by McAfee one month ago.
McAfee stated that he didn't believe it was necessary to do so in order to ensure a fair trial.
The judge voiced his fear over the possibility that District Attorney Fani Willis (D) might try all 19 co-defendants indicted in the election meddling case at the same time.
Due to the fact that Chesebro and Powell have asked for their cases to be expedited, it seems unlikely that Trump will be tried in Georgia with them.
According to the decision made by McAfee, attorneys for Chesebro and Powell have the right to request voluntary interviews with grand jurors, but the court will have some say in the matter.
The 23rd of October was slated to be the first day of their trial.
At a press conference on September 29, Wade said that the state may present Chesebro and Powell with plea bargaining opportunities.