Both Sidney Powell and Kenneth Chesebro have now pled guilty to crimes in apparent furtherance of a conspiratorial effort led and inspired by Donald Trump to overturn a free and fair election in the United States. Because their crimes relate specifically to actions conducted in the state of Georgia, both Powell and Chesebro have been required as part of their plea deals to write “letters of apology” to the citizens of Georgia, in addition to fulfilling their other obligations under the prosecutor’s plea arrangement. (On Tuesday, attorney Jenna Ellis joined the list of those attorneys indicted in the Georgia case who have reached a plea deal with prosecutors, similarly agreeing to pen an “apology letter.”)
It is reasonable to assume that others indicted in the criminal cases still underway in Georgia and the District of Columbia may also accept plea deals at some point. Several of those individuals, such as John Eastman, Rudolph Giuliani, and Jeffrey Clark are also attorneys. As many have pointed out, the seeming leniency of the plea deals accepted by Powell, Chesebro, and now Ellis reflect the practical strategy of Fulton County District attorney Fani Willis to obtain inculpatory testimony against Trump and the other alleged conspirators more central to the overall scheme.
From a prosecution standpoint, that is completely logical, and in fact, it is a standard practice for prosecutors to obtain criminal convictions, particularly in RICO cases. However, given the nature of the alleged conspiracy involving these specific individuals, an apology directed simply to the citizens of Georgia is, quite frankly, woefully inadequate under the circumstances.
RELATED STORY: Jenna Ellis becomes the latest Trump lawyer to plead guilty over efforts to overturn 2020 election
Evidently, Powell has only seen fit to apologize for her illegal actions in Coffee County, Georgia. Chesebro will likely follow suit. This was all that was required by District Attorney Willis, who obviously must represent the citizens of her state. However, the conspiracy alleged here was, by all appearances, intended to effect a national result. Trump had no interest in the specifics of Georgia's election processes unless he could use them as a basis to cast doubt upon (or invalidate) the entire election. Likewise, Powell and Chesebro knew the overarching, national implications of what they were seeking to do was not limited to Coffee County, Georgia. Because these lawyer defendants caused real national harm to the country through their actions, for any apology to be adequate, it must be equally national in its scope. They should be apologizing to the entire country, not just to the Georgia voters they planned to disenfranchise.
Why bring up such a seemingly minor aspect of these plea deals as an "apology letter”? Because like Trump (in his capacity as president at the time these acts were perpetrated), attorneys Powell, Chesebro, and the others had a responsibility that went far beyond their job titles. By the nature of their profession as attorneys, they also had an implicit duty to this country, specifically the democratic institutions that made their practice of the law possible. This is not some idyllic, aspirational goal; it is explicitly spelled out in the preamble to The American Bar Association’s’ Model Rules of Professional Conduct, which states, “[A] lawyer should further the public's understanding of and confidence in the rule of law and the justice system because legal institutions in a constitutional democracy depend on popular participation and support to maintain their authority.”
This statement reflects the reality that those granted the privilege of wielding the formidable power of law assume a responsibility not to distort it, abuse or falsify it, or seek clever ways to circumvent it in a manner that undermines the trust of the public. All of a lawyer’s work occurs within an institutional framework, sustained by the integrity of our constitutional and democratic institutions that allow the practice of law to exist in the first place. That is one reason why every state imposes some version of an ethical code. Actions by lawyers that violate this responsibility to the public trust are even more egregious when the nation's constitutionally sanctioned institutions—such as representative elections—are corrupted. Powell and Chesebro know this full well, as do all of the other lawyer defendants. It’s not only a codified principle in the Model Rules, it’s also common sense.
By seeking to spin a patently frivolous narrative of election fraud in pursuing Trump’s scheme, these attorneys not only likely violated ethical standards common to their profession but also did it in full awareness of the national implications. Their attempt to overturn a legitimate election was an institutional violation of unprecedented scale. It also had unparalleled consequences: Three years later, six in 10 of all Republicans still believe the 2020 election was illegitimate. That is the real, far-reaching harm that Trump and his hired team of election denialist lawyers perpetrated.
Mother Jones’ Dan Friedman recognizes this:
Friedman also suggests, somewhat rhetorically, that Powell apologize to her fellow attorneys in Texas. And to the countries of Germany and Spain, who were falsely implicated for sheltering companies involved in voter fraud schemes. And let’s not forget the Capitol Police who were forced to defend this country’s sacred ground on Jan. 6. Friedman even includes all Jewish people whom Powell maligned with her coded, antisemitic references to an alleged “Soros-led” conspiracy. And it’s certainly true that all of these discrete groups could legitimately claim harm from Powell and Chesebro’s actions.
But from a broader standpoint, the behavior of these attorneys showed a complete disregard of their own professional responsibilities not only to the state of Georgia but also to the entire nation. That was the ultimate purpose of Trump’s effort and the efforts of all those who supported it, and that is where and how any “apology” should be directed. If acting to overthrow the U.S. government can be considered an act of expatriation worthy of deportation, if not outright stripping of citizenship, then there is no reason these American lawyers—who knew their responsibility—deserve any special consideration for trying to achieving the same end.
The fact that these individuals are all privileged members of an esteemed “white-collar” class in this country shouldn’t excuse them from the terrible national consequences of their behavior. In fact, the nature of their education and professional status suggests they should be held to a higher standard. The nature of their crimes raises issues well beyond whether they should or should not be permitted to continue in their chosen professions (they shouldn't). It also implicates what they owe this country as a consequence of those crimes. The evidence thus far suggests that each of them voluntarily undertook to surrender their professional and personal responsibility to this country to support the seditious intentions of Donald Trump, in complete derogation of everything they should have learned before they even embarked on the practice of law. The catastrophic consequences to their own personal reputations are beside the point: they owe an apology to the entire nation.
RELATED STORY: Inside the meeting of Republican electors who sought to thwart Biden's election win in Georgia
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It is reasonable to assume that others indicted in the criminal cases still underway in Georgia and the District of Columbia may also accept plea deals at some point. Several of those individuals, such as John Eastman, Rudolph Giuliani, and Jeffrey Clark are also attorneys. As many have pointed out, the seeming leniency of the plea deals accepted by Powell, Chesebro, and now Ellis reflect the practical strategy of Fulton County District attorney Fani Willis to obtain inculpatory testimony against Trump and the other alleged conspirators more central to the overall scheme.
From a prosecution standpoint, that is completely logical, and in fact, it is a standard practice for prosecutors to obtain criminal convictions, particularly in RICO cases. However, given the nature of the alleged conspiracy involving these specific individuals, an apology directed simply to the citizens of Georgia is, quite frankly, woefully inadequate under the circumstances.
RELATED STORY: Jenna Ellis becomes the latest Trump lawyer to plead guilty over efforts to overturn 2020 election
Evidently, Powell has only seen fit to apologize for her illegal actions in Coffee County, Georgia. Chesebro will likely follow suit. This was all that was required by District Attorney Willis, who obviously must represent the citizens of her state. However, the conspiracy alleged here was, by all appearances, intended to effect a national result. Trump had no interest in the specifics of Georgia's election processes unless he could use them as a basis to cast doubt upon (or invalidate) the entire election. Likewise, Powell and Chesebro knew the overarching, national implications of what they were seeking to do was not limited to Coffee County, Georgia. Because these lawyer defendants caused real national harm to the country through their actions, for any apology to be adequate, it must be equally national in its scope. They should be apologizing to the entire country, not just to the Georgia voters they planned to disenfranchise.
Why bring up such a seemingly minor aspect of these plea deals as an "apology letter”? Because like Trump (in his capacity as president at the time these acts were perpetrated), attorneys Powell, Chesebro, and the others had a responsibility that went far beyond their job titles. By the nature of their profession as attorneys, they also had an implicit duty to this country, specifically the democratic institutions that made their practice of the law possible. This is not some idyllic, aspirational goal; it is explicitly spelled out in the preamble to The American Bar Association’s’ Model Rules of Professional Conduct, which states, “[A] lawyer should further the public's understanding of and confidence in the rule of law and the justice system because legal institutions in a constitutional democracy depend on popular participation and support to maintain their authority.”
This statement reflects the reality that those granted the privilege of wielding the formidable power of law assume a responsibility not to distort it, abuse or falsify it, or seek clever ways to circumvent it in a manner that undermines the trust of the public. All of a lawyer’s work occurs within an institutional framework, sustained by the integrity of our constitutional and democratic institutions that allow the practice of law to exist in the first place. That is one reason why every state imposes some version of an ethical code. Actions by lawyers that violate this responsibility to the public trust are even more egregious when the nation's constitutionally sanctioned institutions—such as representative elections—are corrupted. Powell and Chesebro know this full well, as do all of the other lawyer defendants. It’s not only a codified principle in the Model Rules, it’s also common sense.
By seeking to spin a patently frivolous narrative of election fraud in pursuing Trump’s scheme, these attorneys not only likely violated ethical standards common to their profession but also did it in full awareness of the national implications. Their attempt to overturn a legitimate election was an institutional violation of unprecedented scale. It also had unparalleled consequences: Three years later, six in 10 of all Republicans still believe the 2020 election was illegitimate. That is the real, far-reaching harm that Trump and his hired team of election denialist lawyers perpetrated.
Mother Jones’ Dan Friedman recognizes this:
Friedman suggests that Powell (and implicitly Chesebro) can begin by apologizing not only to the citizens of Georgia but also those in every state whose residents were intended to be impacted by her lies. These include every state where a lawsuit was filed by Trump’s team of attorney supporters under bogus pretenses, to overturn the will of that state’s voters. Friedman references allegations leveled by Powell and Giuliani implicating election practices in Pennsylvania, Wisconsin, Michigan, Nevada, and Arizona, but he could just as easily link the conduct in Coffee County, Georgia, to every state in the U.S., since every state included voters who would have been disenfranchised had this calculated, coordinated web of lies actually succeeded.
Friedman also suggests, somewhat rhetorically, that Powell apologize to her fellow attorneys in Texas. And to the countries of Germany and Spain, who were falsely implicated for sheltering companies involved in voter fraud schemes. And let’s not forget the Capitol Police who were forced to defend this country’s sacred ground on Jan. 6. Friedman even includes all Jewish people whom Powell maligned with her coded, antisemitic references to an alleged “Soros-led” conspiracy. And it’s certainly true that all of these discrete groups could legitimately claim harm from Powell and Chesebro’s actions.
But from a broader standpoint, the behavior of these attorneys showed a complete disregard of their own professional responsibilities not only to the state of Georgia but also to the entire nation. That was the ultimate purpose of Trump’s effort and the efforts of all those who supported it, and that is where and how any “apology” should be directed. If acting to overthrow the U.S. government can be considered an act of expatriation worthy of deportation, if not outright stripping of citizenship, then there is no reason these American lawyers—who knew their responsibility—deserve any special consideration for trying to achieving the same end.
The fact that these individuals are all privileged members of an esteemed “white-collar” class in this country shouldn’t excuse them from the terrible national consequences of their behavior. In fact, the nature of their education and professional status suggests they should be held to a higher standard. The nature of their crimes raises issues well beyond whether they should or should not be permitted to continue in their chosen professions (they shouldn't). It also implicates what they owe this country as a consequence of those crimes. The evidence thus far suggests that each of them voluntarily undertook to surrender their professional and personal responsibility to this country to support the seditious intentions of Donald Trump, in complete derogation of everything they should have learned before they even embarked on the practice of law. The catastrophic consequences to their own personal reputations are beside the point: they owe an apology to the entire nation.
RELATED STORY: Inside the meeting of Republican electors who sought to thwart Biden's election win in Georgia
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