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Trump Former Legal Advisor Jenna Ellis Pleads to Felony in GA Case

Former Trump legal advisor Jenna Ellis pleaded guilty in Georgia yesterday to a felony count of aiding and abetting false writings or statements. The RICO charge against her will be dismissed. She was sentenced, by agreement, to five years of probation. The Associated Press described Ellis' role in Trump's 2020 election campaign:

Ellis was a leading voice in the Trump campaign’s efforts to overturn the 2020 election, appearing frequently on television and conservative media to tell lies about widespread fraud that did not occur and spread misinformation and conspiracy theories.

More about the Georgia plea below. But first, Ellis also holds a Colorado law license. In March, 2023, she was publicly ensured by the Colorado Office of Attorney Regulation Counsel for promoting falsehoods about the validity of the 2020 election results. [More...]

The AP reports that after the public censure, she wrote on her twitter account:

They ultimately failed to destroy me and failed in their attempt to deprive me of my bar license. I’m glad to have this behind me and remain in good standing in the State of Colorado.”

Now that she's pleaded guilty to a felony, which she is obligated to report to the Colorado Office of Attorney Regulation Counsel, further disciplinary action could be taken against her, including disbarment. She now lives in Florida, but being disbarred in Colorado would likely prevent her from getting a law license anywhere else.

From the Colorado Supreme Court's public notice of censure:

Jenna Ellis has been publicly censured through a stipulation to attorney discipline agreed to by the Office of Attorney Regulation Counsel and approved by the Presiding Disciplinary Judge. Through the stipulation, Ms. Ellis agreed that she violated Colo. RPC 8.4©, which prohibits reckless, knowing, or intentional misrepresentations by attorneys. She violated this rule when, as counsel to then President Trump and the Trump campaign, she made a number of public statements about the November 2020 presidential election that were false. ... (my emphasis).

The public censure in this matter reinforces that even if engaged in political speech, there is a line attorneys cannot cross, particularly when they are speaking in a representative capacity.

Here are her Stipulation and the Disciplinary Judge's opinion . These are the 10 false statements she admits she made about Trump winning the election. (Jenna is the Respondent)

  • On November 13, 2020, Respondent claimed that “Hillary Clinton still has not conceded the 2016 election.”
  • On November 20, 2020, Respondent appeared on Mornings with Maria on Fox Business and stated: “We have affidavits from witnesses, we have voter intimidation, we have the ballots that were manipulated, we have all kinds of statistics that show that this was a coordinated effort in all of these states to transfer votes either from Trump to Biden, to manipulate the ballots, to count them in secret . . .”
  • On November 20, 2020, Respondent appeared on Spicer & Co. and stated, “with all those states [Nevada, Michigan, Pennsylvania, Wisconsin, Georgia] combined we know that the election was stolen from President Trump and we can prove that.”
  • On November 21, 2020, Respondent stated on Twitter under her handle @JennaEllisEsq., “ . . . SECOND, we will present testimonial and other evidence IN COURT to show how this election was STOLEN!”
  • On November 23, 2020, Respondent appeared on The Ari Melber Show on MSNBC and stated, “The election was stolen and Trump won by a landslide.”
  • On November 30, 2020, Respondent appeared on Mornings with Maria on Fox Business and stated, “President Trump is right that there was widespread fraud in this election, we have at least six states that were corrupted, if not more, through their voting systems. . . We know that President Trump won in a landslide.” She also stated, “The outcome of this election is actually fraudulent it's wrong, and we understand than when we subtract all the illegal ballots, you can see that President Trump actually won in a landslide.”
  • On December 3, 2020, Respondent appeared on Mornings with Maria on Fox Business and stated, “The outcome of this election is actually fraudulent it's wrong, and we understand than when we subtract all the illegal ballots, you can see that President Trump actually won in a landslide.”
  • On December 5, 2020, Respondent appeared on Justice with Judge Jeanine on Fox News and stated, "We have over 500,000 votes [in Arizona] that were cast illegally . . .”
  • On December 15, 2020, Respondent appeared on Greg Kelly Reports on Newsmax and stated, “The proper and true victor, which is Donald Trump...”
  • On December 22, 2020, Respondent stated on Twitter, through her handle @JennaEllisEsq, “I spent an hour with @DanCaplis for an in-depth discussion about President @realDonaldTrump's fight for election integrity, the overwhelming evidence proving this was stolen, and why fact-finding and truth—not politics—matters!”

The Disciplinary Judge finds:

Respondent made these misrepresentations on Twitter and on various television programs, including Fox Business, MSNBC, Fox News, and Newsmax. The parties agree that by making these misrepresentations, Respondent violated Colo. RPC 8.4©, which provides that it is professional misconduct for a lawyer to engage in conduct involving dishonesty, fraud, deceit, or misrepresentation.

As to what she admitted in the Georgia case, Axxios has a transcript of yesterday's hearing. These are the Stipulated Facts:

On December 3rd of 2020, the defendant did appear before a meeting of a Georgia Senate Judiciary Subcommittee in Fulton County, Georgia, with co defendants William Rudolph Lewis Giuliani, Ray Sterling Smith III, and other individuals associated with Donald J. Trump for President Incorporated, also known as the Trump campaign. During the subcommittee meeting, Giuliani and Smith, acting as attorneys for the Trump campaign, made the following false statements. One, that at least 96,600 mail-in ballots were counted in the November 3rd, 2020 presidential election in Georgia, despite there being no record of those ballots having been returned to a county election office.

Two, that 2,506 felons voted illegally in the November 3rd, 2020 presidential election in Georgia. Three, that 66,248 underage people illegally registered to vote before their 17th birthday prior to the November 3rd, 2020 presidential election in Georgia. Four, that at least 2,423 people voted in the November 3rd, 2020 presidential election in Georgia who were not listed as registered to vote. Five, that 1,043 people voted in the November 3rd 2020 presidential election in Georgia who had illegally registered to vote using a post office box. Six, that 10,315 or more dead people voted in the November 3rd 2020 presidential election in Georgia. And seven, that Fulton County election workers at State Farm Arena ordered a poll watcher and members of the media to leave the tabulation area on the night of November 3rd, 2020 and continue to operate after ordering everyone to leave.

The false statements were within the jurisdiction of the Georgia Secretary of State and the Georgia Bureau of Investigations, who were each conducting investigations into allegations of fraud in the November 3rd, 2020 presidential election in Georgia. Once completed, these and others, investigations, are firmly, affirmatively determined that there was no widespread fraud that could have affected the outcome of the 2020 presidential election in Georgia.

The false statements were made with reckless disregard of the truth and with conspicuous purpose to avoid learning the truth. The defendant attended and abetted Giuliani, Smith in making these false statements by assisting with the execution of the December 3rd, 2020 Senate Judiciary Committee meeting that was held in Fulton County, Georgia. The false statements were used as part of a plan by the Trump campaign to solicit the Georgia General Assembly to disregard the certified results of the presidential election in this state and instead to unlawfully appoint non elected presidential electors in violation of their oath to the Georgia constitution and to the United States constitution.

Similarly, false statements and solicitations were made to state legislators in Arizona, Michigan and Pennsylvania, and the defendant was present and assisted with the execution of those meetings. And she was in attendance with Giuliani in Arizona and Michigan and Pennsylvania. That would be the factual basis in which the state would have proceeded on your honor.

Ellis also has agreed to cooperate against any co-defendants. She could do some major damage to Giuliani. And she can't post about the case on social media until all the co-defendants have resolved their cases.

Trump can deny she was ever his lawyer, but that's likely not going to fly when her Colorado Stipulation says:

Respondent made ten public misrepresentations in November and December 2020 in her capacity as counsel for the then-President’s reelection campaign and as personal counsel to the then-President, while also advertising her status as a lawyer. (Emphasis supplied)

So, will the Colorado Regulatory Counsel disbar her now that she has a felony conviction for aiding and abetting false writings and statements? The New York Times reports one group is preparing a new complaint against her based on yesterday's plea and sentence:

“We do plan to file a new complaint in Colorado based on the guilty plea, so that the bar can assess the matter in light of her criminal conduct,” said Michael Teter, managing director of the 65 Project, a bipartisan legal watchdog group.

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  • Display: Sort:
    I called this one (5.00 / 3) (#1)
    by Chuck0 on Thu Oct 26, 2023 at 01:06:40 PM EST
    When Cheseboro made a plea agreement, I told my wife that Jenna Ellis would be the next one to fold. The signs were all there. She couldn't get financial support and she had been backing off on her support of the orange mobster.

    There was never going to be 19 on trial (none / 0) (#2)
    by CaptHowdy on Thu Oct 26, 2023 at 01:13:19 PM EST
    We now have three lawyers down and with Giuliani, Eastman and Clark to go as far as major players.

    Will amy of those guys go to GA state prison for Trump?

    Parent

    Guliani will (5.00 / 2) (#3)
    by Ga6thDem on Thu Oct 26, 2023 at 03:28:28 PM EST
    not plead because he thinks he's smarter and better certainly than a black woman in GA.

    Parent
    I really REALLY (none / 0) (#4)
    by CaptHowdy on Thu Oct 26, 2023 at 03:34:10 PM EST
    hope you are right.

    Parent
    But I don't think do (none / 0) (#5)
    by CaptHowdy on Thu Oct 26, 2023 at 03:34:31 PM EST
    It has been (none / 0) (#6)
    by Ga6thDem on Thu Oct 26, 2023 at 04:12:56 PM EST
    reported here that there are 6 more plea deals on the table. So that makes 10 that are going to trial? I can't imagine Giuliani is even being offered one considering who has been offered one before.

    Parent
    As far as imagining an offer (5.00 / 2) (#8)
    by CaptHowdy on Thu Oct 26, 2023 at 04:28:12 PM EST
    here's what I think.

    Trump is the one they want.  The one I want.  Who knows if Rudy could help with that but if he could give him a deal.  Not a walk but a deal.

    My non lawyer plan would be to get every single possible other defendant to testify against Trump.
    He is not a normal criminal.  Convicting him is critical.  

    Parent

    Jack Smith (5.00 / 1) (#10)
    by Ga6thDem on Thu Oct 26, 2023 at 04:59:36 PM EST
    reportedly has been asking Rudy's associates about his drinking problem. So Smith must not think he would be much of a witness.

    BTW Kraken already appears to breaking her plea deal/parole with making crazy statements to the press and writing a one sentence "apology letter". I'm waiting to see how the judge handles this one.

    Parent

    Unbelievable (5.00 / 1) (#12)
    by CaptHowdy on Thu Oct 26, 2023 at 05:26:18 PM EST
    Insider (none / 0) (#9)
    by CaptHowdy on Thu Oct 26, 2023 at 04:39:35 PM EST

    At least 6 Trump codefendants in Georgia election-interference case have talked plea deals, and the list most likely won't include Rudy Giuliani

    Part of District Attorney Fani Willis' strategy could be to get as many codefendants as possible to flip on Trump to isolate him and others at the top of the indictment. Legal experts previously told Insider that having a large group of codefendants is beneficial because some of them could feel compelled to cooperate with investigators to get lighter sentences.

    "That could very well be the case but not necessarily," Melissa Redmon, a former deputy district attorney at the Fulton County DA's office, told Insider. "It could be that the prosecution is wanting to resolve as many of the cases as possible. There is still value in a defendant admitting their role in the enterprise even if they don't directly implicate anyone else."

    I think there will be more

    Parent

    They are (none / 0) (#11)
    by Ga6thDem on Thu Oct 26, 2023 at 05:01:03 PM EST
    going to have to plead guilty to felonies now. Misdemeanors seem to be off the table. You know first ones get the best deals. Chesebro seems to have been lying low unlike his kraken twin.

    Parent
    I have read (none / 0) (#7)
    by CaptHowdy on Thu Oct 26, 2023 at 04:23:33 PM EST
    there is AT LEAST 6 people discussing plea deals NOW.

    I officially predict more will.

    Parent

    I've always appreciated the fact that ... (5.00 / 1) (#13)
    by Donald from Hawaii on Sat Oct 28, 2023 at 01:13:02 AM EST
    ... attorneys police their own. Ultimately, while I may hold strong opinions about Jenna Ellis's transgressions while an attorney for the Trump campaign, it's not up to me to hold her accountable. Rather, Jeralyn, that task is up to you and other Colorado attorneys as her peers.

    Personally, while I don't believe in permanent banishment, I do think a suspension is warranted and Ellis should probably find another line of work for, let's say, the next five years. But if it were your call as your state bar association's finder of fact and arbiter of her professional fate, what would you recommend?

    Tough call.

    Why is there so much (5.00 / 1) (#14)
    by Chuck0 on Mon Oct 30, 2023 at 05:17:56 PM EST
    discussion about how "unprecedented" it is to indict a former president?

    Plenty of US governors (at least 11) have been convicted of crimes and sent to prison. They are the head of state of the US state they were elected to. No one is screaming how unprecedented that act was.

    I don't see much difference here. The orange clown broke the law. Lock him up.


    Former Gov. Chris Christie (R-NJ), ... (5.00 / 5) (#28)
    by Donald from Hawaii on Tue Oct 31, 2023 at 07:07:36 PM EST
    Chuck0: "The orange clown broke the law. Lock him up."

    ... speaking from experience as a former U.S. attorney, shared similar sentiments on MSNBC's "Morning Joe" this morning:

    "Everybody who's watching needs to understand this, from someone who did this work for seven years: You don't give Mark Meadows immunity unless the evidence he has is unimpeachable. I said this yesterday, and I want Republican voters to understand this, what's going to be happening in March. [Donald Trump] is going to be sitting in a courtroom in Washington, DC with Mark Meadows twenty feet away from him saying 'He committed crimes in front of me on my watch.' Not some rogue prosecutor, Joe ... Look, this is a guy who was velcroed to Trump's hip for the entire 2020 campaign and all the post-campaign nonsense. And so, this is deadly. It's done. He's going to be convicted. It's over."

    I don't think most GOP voters quite understand or appreciate what's in store for their party up and down the 2024 ballot, should they just damn the torpedoes and charge full speed ahead to nominate Trump for the presidency again.

    The odds are better than even that the third time will NOT be the charm with an exasperated majority of the American electorate.

    Aloha.

    Parent

    IMO (none / 0) (#34)
    by Ga6thDem on Sat Nov 04, 2023 at 06:53:40 AM EST
    him being convicted will probably do nothing. The GOP base has been radicalized by decades of talk radio and Fox News.

    Parent
    Has Anybody Figured Out the Details? (none / 0) (#15)
    by RickyJim on Mon Oct 30, 2023 at 05:53:08 PM EST
    Can any jail be used for incarcerating Trump?  Exactly how will Secret Service protection be adapted for the jail environment?  I'm assuming the easy case that he won't be reelected. The hard case just makes me throw up my hands. Even now, I am wondering if the Secret Service can in some way censor Trump's social media posts so they are in accordance with gag orders. I don't think they can do anything about what he says at rallies.

    Parent
    I think Trump would like El Reno. (none / 0) (#16)
    by desertswine on Mon Oct 30, 2023 at 08:56:47 PM EST
    It suits his style.

    Parent
    I had been thinking that New York's prison (none / 0) (#23)
    by Jack E Lope on Tue Oct 31, 2023 at 04:00:03 PM EST
    ...at Dannemora Village could add a figurative slap-in-the-face to a conviction - but it's a state prison, not federal.

    Parent
    Under the federal statute that I cited (5.00 / 1) (#29)
    by Peter G on Tue Oct 31, 2023 at 07:22:47 PM EST
    the BOP can in fact select a state prison, if the state agrees to take the person, and the feds agree to pay the state something.

    Parent
    I do not believe he can or will be imprisoned (none / 0) (#17)
    by Peter G on Mon Oct 30, 2023 at 10:03:38 PM EST
    at any standard Bureau of Prisons facility. But he could be sentenced to serve time and be assigned to reside and remain in quarters in some separate protected portion of a military base. With no Internet access, as is standard for federal prisoners. By law, the BOP can designate any "available penal or correctional institution" that it finds to be "appropriate and suitable" for service of a federal sentence.

    Parent
    I (5.00 / 1) (#24)
    by FlJoe on Tue Oct 31, 2023 at 04:16:09 PM EST
    like the idea of a military base, Guantanamo Bay surely has plenty of room.

    Parent
    Guantanamo sounds perfect... (5.00 / 3) (#27)
    by desertswine on Tue Oct 31, 2023 at 06:24:17 PM EST
    He'll be safe, and we'll be safe.

    Parent
    In truth, there is a better legal argument (5.00 / 5) (#32)
    by Peter G on Thu Nov 02, 2023 at 09:37:45 PM EST
    under the statute I cited for imprisoning Tr*mp at Guantanamo than there is or was legal justification for imprisoning any of the Al Queda guys that were sent there after 9/11. Ironically, perhaps.

    Parent
    Pretty (none / 0) (#33)
    by FlJoe on Fri Nov 03, 2023 at 02:56:02 PM EST
    sure irony is dead, but Trump in Gitmo might resurrect it.


    Parent
    Fort Jefferson (5.00 / 2) (#30)
    by KeysDan on Tue Oct 31, 2023 at 09:23:27 PM EST
    at the Dry Tortugas, about 70 miles west of Key West. Has historic precedent as the place of incarceration for Dr, Simon Mudd and fellow conspirators in the assassination of President Lincoln.

    Parent
    Although I do feel that the prosecution (5.00 / 2) (#31)
    by Peter G on Tue Oct 31, 2023 at 11:06:07 PM EST
    of Dr. Mudd was a miscarriage of justice. A doctor (even one who sympathizes politically with the patient) should not be prosecuted for treating an injured or ill fugitive. Likewise Dr. Alan Berkman of the Weather Underground.

    Parent
    I found the perfect spot, Peter. (5.00 / 2) (#26)
    by Donald from Hawaii on Tue Oct 31, 2023 at 06:19:07 PM EST
    Peter G: "I do not believe he can or will be imprisoned at any standard Bureau of Prisons facility. But he could be sentenced to serve time and be assigned to reside and remain in quarters in some separate protected portion of a military base. With no Internet access, as is standard for federal prisoners."

    Right now, it's marketed as the ultimate off-grid getaway for intrepid travelers looking for something entirely different, with only two weekly flights in and out of there.

    But as a former Cold War-era military base, it can certainly be partially repurposed for its newest resident - namely, a former U.S. president who was recently convicted of a failed coup attempt.

    Hell, he could even be the state's newest tourist attraction! Visitors could be taken to a lookout atop a hill and through a telescope, gaze down upon the man as he walks the beach alone, pondering his unforeseen fate.

    ;-)

    Parent

    Could he best stripped (none / 0) (#18)
    by CaptHowdy on Tue Oct 31, 2023 at 09:15:17 AM EST
    of secret service protection if he is convicted?

    Parent
    Hmm (none / 0) (#19)
    by CaptHowdy on Tue Oct 31, 2023 at 09:31:45 AM EST
    WaPo says no.  This is just wrong IMO. A treasonous traitor with 24/7 protection from the government he tried to overthrow.

    If the post is right this should be changed.

    Parent

    Forgot the quote (none / 0) (#20)
    by CaptHowdy on Tue Oct 31, 2023 at 09:32:52 AM EST

    Donald Trump can keep Secret Service protection for life, even if he were to be convicted and sentenced to prison or home confinement.Aug 4, 2023



    Parent
    I'm with you Howdy. (none / 0) (#25)
    by Chuck0 on Tue Oct 31, 2023 at 05:51:46 PM EST
    There for sure isn't anything in the Constitution about Secret Service protection. (It didn't exist). I don't know what US statute gives him lifelong protection, but it damn sure should be changed. No traitorous SOB should have government protection by the government he turned on.

    Parent
    I don't think so (none / 0) (#21)
    by Peter G on Tue Oct 31, 2023 at 10:39:08 AM EST
    because the law that guaranteed that protection did not anticipate any eventuality of the present sort.

    Parent
    Yes BUT... (none / 0) (#22)
    by jmacWA on Tue Oct 31, 2023 at 03:30:02 PM EST
    Could anyone predict where the Republican party has gone in the past 30 years, especially the last 6.  It's time to amend that law.

    Parent