Topline
Ex-Trump attorney Jenna Ellis took a deal to cooperate with prosecutors Monday in Arizona after she was charged for her efforts to help overturn the 2020 election, as a string of lawyers are now facing consequences for their work with former President Donald Trump.
Jenna Ellis speaks with her attorney Franklin Hogue after pleading guilty on Oct. 24, 2023, inside … [+]
Key Facts
Jenna Ellis: Ellis was charged in Arizona after previously being indicted in Georgia and taking a plea deal in that case, and she took another deal Monday that requires her to provide “truthful, honest, candid, and complete” testimonies after being suspended from practicing law for three years as a result of her Georgia guilty plea. She was also previously censured for violating rules that bar attorneys from engaging in “dishonesty, fraud, deceit, or misrepresentation,” with the attorney admitting in court she had made “misrepresentations” while representing Trump after the election that had a “selfish motive.”
Rudy Giuliani: Giuliani, who led Trump’s post-election efforts, was formally disbarred in New York after previously having his law license suspended. The former New York City mayor has also been criminally charged in Arizona for his role in trying to overturn the 2020 election—where he initially tried to evade being served—after already being charged in Georgia, and he’s also been sued for defamation by voting machine companies Dominion Voting Systems and Smartmatic. He was ordered to pay $148 million to Georgia election workers whom he defamed, which resulted in Giuliani declaring bankruptcy.
Kenneth Chesebro: The attorney, who is described as the architect of the Trump campaign’s “fake electors” scheme—in which GOP officials in battleground states submitted false slates of electors to Congress claiming Trump won—was criminally charged in Wisconsin on one count of forgery, after previously being indicted in Georgia, though he took a plea deal right before his case went to trial.
James Troupis: Troupis was also reportedly charged in Wisconsin Tuesday; another Trump attorney who helped organize the false electors scheme, the lawyer had previously avoided criminal charges in other states and settled a civil lawsuit regarding the electors plot in Wisconsin in March.
John Eastman: Eastman was also charged in Arizona, after already being indicted in Georgia and having 11 charges filed against him by counsel for the California State Bar stemming from his efforts to challenge the election results with Trump. A judge recommended in March that Eastman be disbarred and sanctioned $10,000 for his post-election efforts, which the lawyer intends to appeal.
Christina Bobb: Bobb was charged in Arizona, the first charges the attorney and former One America News anchor—who now serves as an attorney for the Republican National Committee—has so far faced. The lawyer joined Trump’s legal team in November 2020, according to the Washington Post, and the indictment cites a text message that ties the lawyer to the “fake elector” scheme in which GOP officials submitted false slates of electors to Congress claiming Trump won their states.
Jeffrey Clark: Former DOJ attorney Clark, who faced charges from the D.C. bar for aiding Trump’s post-election efforts from within the agency, broke at least one rule of professional conduct related to his actions after 2020 election, a D.C. ethics committee found in a preliminary ruling, with a disciplinary panel ruling in August he should be suspended from practicing law for two years—Clark was also criminally charged in Georgia.
Sidney Powell: A judge dismissed an attempt by the Texas State Bar to discipline Powell in February after the bar alleged Powell’s post-election efforts had violated rules for professional conduct, though she now faces a separate disciplinary investigation in Michigan after being sanctioned for her post-election lawsuit in that state. After advising Trump and bringing her own post-election lawsuits in four states, Powell also still faces defamation lawsuits from Dominion and Smartmatic, a reported federal investigation into her organization’s fundraising arm and was criminally charged in Georgia, though she later reached a plea deal.
Michael Cohen: Trump’s longtime attorney served a three-year sentence in prison and home confinement for tax evasion and campaign finance-related crimes, after he orchestrated a series of “hush money” payments to adult film actress Stormy Daniels and former Playboy model Karen McDougal over allegations they had affairs with Trump.
Alina Habba: Habba, who’s representing Trump in many of his post-presidency legal battles, has been sanctioned multiple times in Trump’s failed lawsuit against Hillary Clinton; she was first ordered to pay with her co-counsel $50,000 in sanctions and $16,274 in attorneys’ fees to one defendant in the case, and she and Trump were then sanctioned in January for nearly $1 million payable to Clinton, her campaign and other Democratic operatives.
Cleta Mitchell: Mitchell, who participated in Trump’s phone call in which he urged Georgia Secretary of State Brad Raffensperger to “find” enough votes to overturn the state’s election results, resigned from her law firm Foley & Lardner in January 2021, saying she left the firm due to a “massive pressure campaign” against her from the left to oust her over her associations with Trump.
Other Georgia Attorneys: Attorneys Ray Smith and Robert Cheeley were also indicted as part of the Georgia case against Trump and his allies, after Smith worked on behalf of the Trump campaign in Georgia and Cheeley pushed false claims of election fraud at a legislative hearing in the state.
Pending Complaints: Ethics complaints urging state bars and disciplinary boards to investigate attorneys have been filed and remain pending against multiple Trump lawyers who aided his efforts to overturn the 2020 election, including Mitchell and Boris Epshteyn, though court records show another complaint against Trump attorneys in New Mexico was dismissed.
Attorneys’ Fees: Trump and his campaign have been ordered to pay attorneys’ fees in a number of failed lawsuits—though it’s unclear if his attorneys have been forced to personally shoulder any part of those costs—including more than $20,000 to two Georgia counties over post-election litigation, $1.3 million to former White House advisor Omarosa Manigault and more than $54,000 to Daniels.
What To Watch For
Giuliani, Eastman and Bobb have all pleaded not guilty in Arizona, and their cases will still continue as Ellis’ charges are dropped. It’s unclear how long it will take for the criminal cases in Arizona and Wisconsin to play out. No trial date has yet been set for the defendants in Georgia who haven’t taken plea deals. (Giuliani, Eastman, Clark, Smith, Cheeley and other defendants have all pleaded not guilty to the charges against them.)
Crucial Quote
“The seriousness of [Giuliani’s] misconduct cannot be overstated,” a panel of New York appeals court judges wrote in their ruling disbarring Giuliani, arguing he “flagrantly misused his prominent position” as Trump’s personal attorney and “repeatedly and intentionally made false statements … in which he baselessly attacked and undermined the integrity of this country’s electoral process.” “In so doing, respondent not only deliberately violated some of the most fundamental tenets of the legal profession, but he also actively contributed to the national strife that has followed the 2020 Presidential election, for which he is entirely unrepentant.”
Tangent
A number of lawyers who aided Trump’s efforts to overturn the 2020 election, but did not directly represent him in court or advise him, have also faced punishments. Powell’s co-counsel in the Michigan case—in which Trump was not a plaintiff—were all sanctioned and jointly forced to pay more than $175,000 in attorneys’ fees, as well as ordered to undergo legal education and referred to their respective state bars for potential discipline. Attorney Lin Wood, who was involved with the Michigan litigation along with other post-election lawsuits, has been under investigation by the State Bar of Georgia for his efforts since even before the Michigan order was issued. He ultimately retired before the State Bar could formally discipline him.
Chief Critic
In a statement Monday, Ellis said she had agreed to cooperate with the investigation and was told she wasn’t a target before being indicted, but “neither the AG nor I control the grand jury.” “So both sides are just following through with our original agreements: I’m telling the truth and they’re not prosecuting me.” Giuliani spokesperson Ted Goodman called the former mayor’s disbarment a “politically and ideologically corrupted decision” in a statement, adding they “will be appealing this objectively flawed decision in hopes that the appellate process will restore integrity into our system of justice.” Giuliani has previously opposed his other punishments, with Goodman calling the Arizona case an effort to “eviscerate” the justice system in a statement and saying the former New York City mayor is “proud to stand up for the countless Americans who raised legitimate concerns surrounding the 2020 U.S. Presidential Election.” Trump’s attorneys have largely denied wrongdoing and opposed the efforts to punish them, with the exception of Cohen, who pleaded guilty to his crimes, and the attorneys who have taken plea deals. (Powell still denies the defamation allegations against her, and told Forbes the sanctions against her in Michigan set a “dangerous precedent to stand that puts at risk every lawyer who represents an unpopular cause or client.”) In a statement after the ruling on his disbarment, Eastman’s lawyer said the attorney “maintains that his handling of the legal issues” over whether the 2020 election could be overturned was based on reasonable legal precedent and that Eastman was following “the same process taken by lawyers every day and everywhere.” He also opposed Eastman not being able to practice law to pay his legal fees while he faces the charges in Georgia, saying, “That is not justice and serves no legitimate purpose to protect the public.”
Surprising Fact
After the court ordered sanctions in the Clinton case against Trump and Habba, Trump and Habba went on to voluntarily withdraw two cases stemming from New York Attorney General Letitia James’ civil fraud litigation against the Trump Organization, which courts had suggested could be viewed as frivolous and result in sanctions.
Key Background
Trump and his allies filed approximately 60 court cases in the aftermath of the 2020 election seeking to change its outcome, ultimately losing all but one case, which was a minor dispute in Pennsylvania that did not impact the overall results. Since leaving office, Trump has continued to be deeply ensnared in legal issues, as he’s faced numerous lawsuits over his alleged role in the January 6 riot at the Capitol building, four criminal cases, James’ civil fraud case against him and his company and two defamation lawsuits from writer E. Jean Carroll. The fraud and Carroll cases have resulted in Trump being ordered to pay a combined $540 million to James and Carroll, though the former president has maintained the cases against him are “witch hunts” designed to harm his presidential campaign, and has pleaded not guilty to the criminal charges against him.
