Kenneth Chesebro filed a motion in court that asked the judge not to try him with Sidney Powell, as the Trump co-conspirators are fleeing each other.
Simply put, if Mr. Chesebro and Ms. Powell are forced to be tried together, the State will attempt to lump them together in an attempt to convict Mr. Chesebro via a “conspiracy” or “RICO” theory based on the conduct of the co-defendant which has no relation to anything for which he stands accused.
Additionally, while Mr. Chesebro is not aware of Ms. Powell’s defenses, they potentially will be antagonistic to each other. In order to achieve a fair determination of the guilt or innocence of Mr. Chesebro, he must be severed from the trial. The fact that Mr. Chesebro is implicated with Ms. Powell will inextricably link them together and has the potential to cause a tremendous prejudice.
CONCLUSION The actions of Mr. Chesebro and Ms. Powell are akin to oil and water; wholly separate and impossible to mix (into one conspiracy).
In other words, Chesebro’s attorney believes that it would harm his client’s defense to be at the same defense table as Sidney Powell. It is clear where the RICO case is going. All of the other lawyers who have been charged as a part of the conspiracy are going to blame Powell.
However, it is uncertain if such a defense will work because they have all been charged with taking part in a criminal enterprise that was formed for the purpose of illegally keeping Trump in power. It doesn’t seem to matter if the two defendants were communicating if they were both a part of the same criminal enterprise working toward the same goal. Trump’s co-conspirators are already coming apart, and it seems like it is only a matter of time before they start flipping on each other.