Left: Republican National Committee chair Ronna McDaniel speaks during a Get Out To Vote rally on Oct. 18, 2022. (AP Photo/Chris O'Meara, File); Right: Conspiracy theorist Alex Jones takes the witness stand to testify at the Sandy Hook defamation damages trial at Connecticut Superior Court in Waterbury, Conn. Thursday, Sept. 22, 2022. (Tyler Sizemore/Hearst Connecticut Media via AP, Pool, File)
Fulton County District Attorney Fani Willis on Tuesday subpoenaed Republican National Committee chair Ronna McDaniel as part of the wide-ranging Georgia racketeering (RICO) case against pro-Donald Trump attorneys Kenneth Chesebro and Sidney Powell.
In a five-page motion, the DA's office says McDaniel, a Michigan resident, is particularly necessary for the Peach State's case against Chesebro, the author of the so-called "coup memos" that offered legal opinions on how Trump's team could overturn the results of the 2020 presidential election in a "constitutionally defensible manner."
In an order late Tuesday afternoon, the judge overseeing the case signed off the subpoena request for McDaniel – compelling her testimony as a witness for the state. The court also issued a similar order compelling beleaguered far-right conspiracy theorist Alex Jones to appear and testify during the upcoming trial slated to begin Oct. 23.
Chesebro is charged with one count of Georgia's homegrown RICO act, one count of conspiracy to commit impersonating a public officer, two counts of conspiracy to commit forgery in the first degree, two counts of conspiracy to commit false statements and writing, and one count of conspiracy to commit filing false documents.
The out-of-state subpoena request filed in Fulton County Superior Court says McDaniel "is a necessary and material witness" to prove "Chesebro's culpability." The DA's office alleges the attorney was a key part of the effort to have alternate or fake electors deliver Electoral College votes to the 45th president instead of Joe Biden in key states.
Among those also charged in the sprawling, 98-page, 41-count criminal indictment include Trump himself and California attorney John Eastman – who allegedly conceived of the false elector plan in a similarly infamous so-called "coup memo" of his own.
The DA's office claims McDaniel, Trump, and Eastman took part in a phone call in late December 2020 relevant to the scheme.
"John Eastman told Ronna McDaniel the importance of the RNC helping the campaign gather 'contingent' electors for the November 3, 2020 presidential election," the motion reads. "On December 14, 2020, Ronna McDaniel forwarded an e-mail titled 'RE: Elector's Recap Final' to Molly Michael, Executive Assistant to the President. The e-mail contained, in part, a list of the "Six Contested States," including Georgia, and the electoral votes that had been cast for Donald Trump in each of these states. On the same day, Molly Michael responded to this e-mail and stated to Ronna McDaniel, 'It's in front of him!'"
According to Willis's office, McDaniel "will provide evidence to the jury of Kenneth Chesebro's involvement in the conspiracy, including, without limitation, as it relates to communication between co-defendants Donald Trump and John Eastman regarding the conspiracy to cause certain individuals to falsely hold themselves out as the duly elected and qualified presidential electors."
On Tuesday afternoon, Fulton County Superior Judge Scott McAfee wrote that McDaniel is a "necessary and material witness in this prosecution."
The court used similar language to describe Jones as well.
"[O]n January 6, 2021, Alex Jones participated in the march on the United States Capitol alongside members of the Proud Boys and Oath Keepers and others," McAfee observed. "According to public statements made by Alex Jones, 'the White House told me three days before, we are going to have you lead to March.' While using a bullhorn, Alex Jones told the crowd marching on the Capitol that this was 'the second American revolution.' Video footage shows that Kenneth Chesebro was marching on the Capitol alongside Alex Jones on this day."
Chesebro and Powell both face charges over their vastly different efforts to overturn the results of the 2020 election. The two attorneys previously exercised their speedy trial right and will be tried separately from the other high-profile, pro–Trump defendants.
Powell faces seven counts related to her alleged dealings with SullivanStrickler LLC, her alleged role in a conspiracy to commit election fraud by tampering with voting machines in Coffee County, and for allegedly violating Georgia's state RICO laws.
Both Chesebro and Powell have pleaded not guilty.