Fulton County DA Fani Willis Swings Back at Pro-Trump Lawyer’s Effort to Dismiss Part of Georgia Indictment

Fulton County District Attorney Fani Willis fired back Monday at an effort by pro-Trump attorney Kenneth Chesebro to dismiss part of his indictment in Georgia on grounds that the alleged actions do not constitute racketeering.

Chesebro, a former election attorney to former President Donald Trump, had argued in a court filing that the racketeering charge he and others face should be dismissed because the alleged overt acts did were not committed continuously by the defendants. That effort is among a host of filings by Chesebro's attorneys in recent weeks seeking to have charges dismissed before trial.

But in their filing Monday, prosecutors in Willis' office argued that Chesebro's argument "fails because continuity is not required for any violation" of Georgia's racketeering law.

His argument "relies on extrinsic facts, ignores the applicable statutory text and habitually fails to cite adverse authority," prosecutors wrote.

Wills' office said Chesebro's argument takes a "cavalier approach to the citation of relevant authority," ignoring "numerous" state and federal court rulings holding that racketeering charges do not contain a continuity requirement.

Chesebro is scheduled for trial beginning with jury selection on Oct. 20 along with another former Trump election attorney, Sidney Powell. The two lawyers requested expedited proceedings under Georgia's Speedy Trial Act. Both have pleaded not guilty to all charges.

Powell has since adopted Chesebro's arguments seeking dismissal on the grounds that the alleged racketeering activity was not continuous. Trump has also piggybacked onto the same motion from Chesebro's lawyers.

Fulton County Superior Judge Scott McAfee is expected to consider arguments regarding four different legal filings by Chesebro seeking to have charges dismissed at a hearing Wednesday afternoon.