Attorney behind legal memo to overturn 2020 election asks RICO judge to bar email evidence

Ken Chesebro, a lawyer who drafted a legal memo asserting that the 2020 election could be overturned by then-Vice President Mike Pence on Jan. 6, on Thursday attacked the Georgia racketeering (RICO) case he faces by calling the warrant “defective” and seeking to exclude email evidence he maintains was illegally seized.

Why? Because a special master was never appointed to sift through the materials for potentially privileged communications.

Chesebro claimed the search warrant the Fulton County District Attorney’s office served on Microsoft for his emails was in violation of the Official Code of Georgia Annotated (OCGA) § 17-5-32(c), a statute that outlines rules for issuing a search warrant “for any documentary evidence in the possession or custody of an attorney who is not a criminal suspect.”