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Jenna Ellis Pleads Guilty. Aired 9:30-10a ET
Aired October 24, 2023 - 09:30 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
(COMMERCIAL BREAK)
[09:34:29]
JOHN BERMAN, CNN ANCHOR: All right, we have breaking news from the Fulton County courthouse about one more of the defendants in the Georgia election case.
Let's get right to Nick Valencia, who I think is literally in the courtroom.
Nick, what are you learning.
NICK VALENCIA, CNN CORRESPONDENT (via telephone): Yes, hey there, John. I'm just outside in the hallway at the Fulton County Courthouse and things are moving fast and furious. This comes on the heels of two very high-profile plea deals in Ken Chesebro and Sidney Powell. And it appears this morning, in an impromptu hearing, that a plea deal is in the works for the far right attorney Jenna Ellis.
Now, in the original indictment, Ellis is charged with two separate counts, the racketeering count, which all co-defendants are charged with, as well as violation of trying to solicit false statements from an oath (ph) of a public officer.
[09:35:11]
Jenna Ellis is accused by the district attorney's office here in Fulton County of organizing a handful of legislative meetings with Georgia lawmakers in which widespread conspiracy theories, fraud issue were brought up that did not exist. And these meetings were attended by none other than the former attorney for the former president, Rudy Giuliani. At least three different meetings again set up, allegedly, according to the district attorney's office, by Jenna Ellis. And now it appears that this - what we're looking at here has all the familiar optics of past plea deals that we've seen.
I just stepped out of the courtroom. Jenna Ellis is there in the courtroom, along with her attorney, Frank Hogue, as well as the lead prosecutor from the district attorney's office and others from the DA's office. And all of it looks very familiar and similar to what we've seen and how it all went down for past plea deals.
Just before I got on the phone here with you, John, I stepped out of court and a papers was signed by Frank Hogue, as well as Jenna Ellis, and handed over to the district attorney's office. All of this is happening in real-time. We're the only network here and
the only news crew here because again this is an impromptu hearing that we were tipped off to by great work for our journalists who have just been really staking out this - this location over the last weeks because things are moving very furiously and fast.
Several co-defendants have taken plea deals in the past week. I've told you about Ken Chesebro, as well as Sidney Powell. And now it appears here, Tuesday morning, another plea deal is in the works for the attorney, Jenna Ellis.
John.
BERMAN: All right. Yes, just to review here. And, actually, there was another plea deal by Scott Hall early on, one of the lesser-known defends.
VALENCIA: (INAUDIBLE).
BERMAN: But last week it was Sidney Powell and Kenneth Chesebro. And what we're waiting on now, and what Nick Valencia has exclusively from inside the Fulton County Courthouse is it appears that Jenna Ellis now, this Trump campaign lawyer, is in the process of entering into this plea deal.
What's different here, Nick, and I'll circle her with red so to indicate it's a little different than the others right now, is she did not have a trial date looming. Chesebro and Powell, their trials were supposed to begin basically jury selection this week. Jenna Ellis sometime in the distance. Do we have any reporting on what may have pushed her to this moment today?
VALENCIA: We don't. You know, we've repeatedly been calling her attorney because we heard whispers that this was potentially - these discussions were potentially in the works with the district attorney's office after Sidney Powell and Ken Chesebro took their deals. We never got comments from her attorney but it appears (INAUDIBLE) -
BERMAN: Hey, Nick, we're looking inside the courtroom right now. It's all going on.
Let's listen.
UNIDENTIFIED FEMALE: Minimum and maximum sentence with your attorneys?
JENNA ELLIS: I have.
UNIDENTIFIED FEMALE: And do you understand that that carries a minimum penalty of one year to a maximum penalty of five years to serve?
ELLIS: Yes.
UNIDENTIFIED FEMALE: Do you understand that you have the right to plead guilty or not guilty to this charge? And if you plead not guilty, you have the right to remain silent and move forward with the jury trial? ELLIS: Yes.
UNIDENTIFIED FEMALE: Have you reviewed the waiver rights with your attorney?
ELLIS: I have.
UNIDENTIFIED FEMALE: And have you gone over that waiver of rights and also signed it, along with your attorneys?
ELLIS: I have.
UNIDENTIFIED FEMALE: Have you had enough time to speak with your attorneys in regard to the facts in this case and any defenses that you may have if you were to have gone to trial?
ELLIS: Yes.
UNIDENTIFIED FEMALE: Do you need any more time to speak with them?
ELLIS: No.
UNIDENTIFIED FEMALE: And are you satisfied with their services?
ELLIS: Very much.
UNIDENTIFIED FEMALE: Mr. Hogue, do you waive formal reading of the accusation against your client?
FRANK HOGUE, JENNA ELLIS' ATTORNEY: We do.
UNIDENTIFIED FEMALE: Do we waive any deflects that may lay within the accusation?
HOGUE: We do.
UNIDENTIFIED FEMALE: Ms. Ellis, have you been arrested on these charges?
ELLIS: Yes.
UNIDENTIFIED FEMALE: And it's the state's understanding that there are no other outstanding related warrants to this charge. Do you know of any to your knowledge?
ELLIS: I do not.
UNIDENTIFIED FEMALE: Do you understand that this is an negotiated plea, which means the state and your attorneys have reached a recommendation to make to the court?
ELLIS: Yes.
UNIDENTIFIED FEMALE: Do you understand that the court is not bound by that recommendation and could sentence you to the maximum penalty for this charge? ELLIS: Yes.
UNIDENTIFIED FEMALE: Do you understand that if the court does not follow state's recommendations then you can withdrawal your guilty plea and move forward with a jury trial?
ELLIS: Yes.
UNIDENTIFIED FEMALE: Do you understand that the conditions of this plea involves five years of probation, that you pay $5,000 of restitution to the Georgia Secretary of State within 30 days, and it's my understanding that you're asking to be treated as a first offender?
ELLIS: Yes.
UNIDENTIFIED FEMALE: Do you understand that special conditions of this prohibition is that you complete 100 hours of community service, that you write an apology letter to the citizens of the state of Georgia, which you have already done and the state will put that into evidence as States Exhibit One for the court, that you testify truthfully at all hearings or trials involving co-defendants, that you have no communication with co-defendants, witnesses or the media until all cases have been closed?
[09:40:01]
ELLIS: Yes.
UNIDENTIFIED FEMALE: That you must continue to provide additional recorded statements and affidavits to the state as required. That you must also continue to provide any requested documents or evidence subject to any lawful privileges asserted in good faith, that you shall not post anything on social media, including through any agencies about this case until the conclusion of all trials and appeals, that you must continue to fully cooperate with prosecutors, included but not limited to participating in interviews with prosecutors, appearing for evidentiary hearings, and assisting in pre- trial matters. Do you understand that these are the conditions of the - of the recommendations that the state is making to the court?
ELLIS: I do.
UNIDENTIFIED FEMALE: It is my understanding that -- have you gone over the first offender status with your attorneys?
ELLIS: I have.
UNIDENTIFIED FEMALE: And you are asking this court to be treated as a first offender?
ELLIS: Yes, ma'am.
UNIDENTIFIED FEMALE: Have you pled guilty or no lo (ph) to ever in this state of Georgia or any other jurisdiction?
ELLIS: No. UNIDENTIFIED FEMALE: Have you ever been sentenced for any crime,
felony or misdemeanor, under the First Offender Act?
ELLIS: No.
UNIDENTIFIED FEMALE: And you've gone over the First Offender Act with your attorneys, and do you understand that if you violate the terms of your first offender sentence, or commit a new offense while on first offender probation, you first offender status could be revoked and you could be adjudicated guilty and you could be resentenced up to the maximum sentence for this charge in the accusation?
ELLIS: I understand.
UNIDENTIFIED FEMALE: Do you understand that this guilty plea may be used to enhance sentencing of other -- any other convictions in this jurisdiction, as well as other jurisdictions, including the federal court?
ELLIS: Yes.
UNIDENTIFIED FEMALE: Do you understand that you are being placed on probation and you cannot violate your probation by committing any other crimes in any governmental unit or any -- or violate any special conditions of your probation?
ELLIS: Yes.
UNIDENTIFIED FEMALE: Do you understand that if you violate the probation or any special conditions, that you will be subject to revocation for the balance of the sentence?
ELLIS: Yes.
UNIDENTIFIED FEMALE: Do you understand that you are not allowed to possess any - or use any firearms while you are on probation?
ELLIS: Yes.
UNIDENTIFIED FEMALE: Do you understand that if you are not a United States citizen, this guilty plea will affect your immigration status and will result in deportation?
ELLIS: I understand.
UNIDENTIFIED FEMALE: Do you understand that there may be other adverse or unfavorable consequences as a result of this guilty plea, just as there would be if you were found guilty at trial. For example, your guilty plea may be used -- may affect your right to vote, your right to hold office, your right to serve as a juror, the right to obtain a passport, the right to receive, possess or transport a firearm, the ability to obtain employment, or your membership for the bar in this state or any other states?
ELLIS: I understand. UNIDENTIFIED FEMALE: Do you understand you are waiving all defenses,
including any mental health defenses, by entering the guilty plea?
ELLIS: Yes.
UNIDENTIFIED FEMALE: Do you understand that if you went to trial, you would have the right to a trial by jury, to - the right to see, hear and -
KATE BOLDUAN, CNN ANCHOR: All right, we're listening in to what is happening right now as we speak in a Fulton County, Georgia, courthouse. That is Jenna Ellis with her -- her legal representation on the right. She is one of the people who has been charged in Fulton County, alongside Donald Trump. And what it looks like is it appears that she is planning to plead guilty in the Georgia election subversion case in some sort of plea agreement with the prosecution.
Zach Cohen is joining us now.
And, Zach, you've got a lot more background on all of this.
As we watch this play out, what are you learning and remind folks what they should know about Jenna Ellis.
ZACHARY COHEN, CNN NATIONAL SECURITY REPORTER: Yes, absolutely. I think it's really interesting. When you see the dominos, they're sort of starting to fall here in terms of the guilty pleas that are being entered. Jenna Ellis is now the fourth co-defendant of Donald Trump to enter a guilty plea. We could see her on camera doing it as we speak now.
And Jenna Ellis is an important figure in this investigation. Obviously, this is a sprawling conspiracy case. Looking at efforts to overturning the election results in Georgia. And Jenna Ellis was instrumental in a few different ways. She was a member of the Trump campaign legal team. She worked closely with people like Rudy Giuliani. She worked closely with people like Sidney Powell, who entered a guilty plea of her own just last week. And, you know, she also was also responsible for organizing legislative hearings in Georgia, basically where baseless claims about voter fraud in Georgia, about the election results being tainted there, were presented to friendly Republican lawmakers in an effort to get them to intervene. We also know that she wrote legal memos on behalf of the Trump campaign as well, arguing that Mike Pence did have the ability to overturn the election results on January 6, 2021.
So, another high-profile lawyer here, a co-defendant of Donald Trump, pleading guilty and taking a deal with the prosecutors of Georgia.
[09:45:13]
HOGUE: Done (ph)?
ELLIS: Yes, sir.
UNIDENTIFIED MALE: Thank you, sir. UNIDENTIFIED FEMALE: If this case had gone to trial, the state would have shown the following.
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 3, 2020, presidential election in Georgia despite there being no record of those ballots having being returned to a county election office. Two, that 2,506 felons voted illegally in the November 3, 2020, presidential election in Georgia. Three, that 66,248 underage people illegally registered to vote before their 17th birthday, prior to the November 3, 2020, presidential election in Georgia. Four, that at least 2,423 people voted in the November 3, 2020, presidential election in Georgia who were not listed as registered to vote. Five, that 1,043 people voted in the November 3, 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 3, 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 3, 2020, and continued 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 Investigation, who were each conducting investigations into allegations of fraud in the November 3, 2020, presidential election in Georgia. Once completed, these and other investigations 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 abated Giuliani, Smith in making these false statements by assisting with the execution of the December 3, 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 oaths 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.
UNIDENTIFIED MALE: All right, anything furtherer from the state, Ms. Young (ph)?
UNIDENTIFIED FEMALE: Just that we filed a motion of (INAUDIBLE) under the original indictment.
UNIDENTIFIED MALE: All right, turning to Mr. Hogue.
Just a few matters of housekeeping before I let you have the floor if there's anything else you want to add.
Would you be requesting automatic sealing on this first defender disposition?
HOGUE: Yes. That's one of my two notes here to ask the court for you to do that under 428621-B, please.
UNIDENTIFIED MALE: All right. And was part of this negotiated resolution, is there anything to note here about a behavioral incentive date?
UNIDENTIFIED FEMALE: Yes, your honor, that's going to be three years.
UNIDENTIFIED MALE: Mr. Hogue, is that right?
HOGUE: That's correct, your honor.
UNIDENTIFIED MALE: OK.
Anything else, Mr. Hogue, that you would like to add?
HOGUE: Yes. If you could make a note that this is not a crime of moral turpitude, that would assist us in other venues perhaps.
UNIDENTIFIED MALE: And is that an issue of negotiation between the parties? I know that has differed from resolution to resolution here. So, where are we with that?
UNIDENTIFIED FEMALE: It is not, Judge. We're going to ask that the same verbiage that has been put on the other dispositions be put on this disposition as well, which I believe it says like the defense and the state have agreed that this is not a crime of moral turpitude.
UNIDENTIFIED MALE: OK.
UNIDENTIFIED FEMALE: I think that (INAUDIBLE).
UNIDENTIFIED MALE: So, just to clarify, it's not a point of contention between the parties?
[09:50:01]
It's being jointly recommended, this language?
And is that the case for - because I think we needed to enter amended sentences on the prior resolutions reflecting that. Is that the same for all three prior resolutions in this case?
UNIDENTIFIED FEMALE: That is correct, your honor.
UNIDENTIFIED MALE: OK.
All right, then, if that is the joint recommendation, I'll -- that will be part of the global recommendation. Understood, Mr. Hogue?
HOGUE: Your honor, the only other thing is if the court is inclined to accept the negotiated plea, Ms. Ellis would like to exercise her right of allocution and make a brief statement to the court.
UNIDENTIFIED MALE: All right. So, I think I would typically have that as part of the record before we finalize everything.
So, at this point, Ms. Ellis, you're not required to do so in any way, but if you would like to add anything to the record or address the court, you're certainly willing to do - able to do so, and now would be the appropriate time.
HOGUE: Your honor, to - if I may approach, I have it in writing what she is about to say.
UNIDENTIFIED MALE: I have one - I have one attached to State's Exhibit One. Is that the same -
HOGUE: Oh, yes, you have it already.
UNIDENTIFIED MALE: OK.
HOGUE: All right.
UNIDENTIFIED MALE: And so would - would there be - would the intention be that this also would be going into the record as State's Exhibit One, the written form? OK. All right. Thank you, Mr. Hogue.
HOGUE: Thank you.
ELLIS: Thank you, your honor, for the opportunity to address the court.
As an attorney who is also a Christian, I take my responsibilities as a lawyer very seriously, and I endeavor to be a person of sound, morale and ethical character in all of my dealings.
In the wake of the 2020 presidential election, I believed that challenging the results on behalf of President Trump should be pursued in a just and legal way. I endeavored to represent my client to the best of my ability. I relied on others, including lawyers with many more years of experience than I, to provide me with true and reliable information, especially since my role involved speaking to the media and to legislatures in various states.
What I did not do, but should have done, your honor, was to make sure that the facts the other lawyers alleged to be true were, in fact, true. In the frenetic pace of attempting to race challenges to the elections in several states, including Georgia, I failed to do my due diligence.
I believe in and I value election integrity. If I knew then what I know now, I would have declined to represent Donald Trump in these post-election challenges. I look back on this whole experience with deep remorse.
For those failures of mine, your honor, I have responsibility already before the Colorado Bar, who censured me, and I now take responsibility before this court and I apologize to the people of Georgia.
Thank you.
UNIDENTIFIED MALE: And thank you, Ms. Ellis, for sharing that. All too often I don't get to hear the perspective of the accused in these case, and so that's appreciated.
ELLIS: Thank you, your honor.
UNIDENTIFIED MALE: Is there anything else, Mr. Hogue, that you would like to have as part of the record?
HOGUE: No, your honor.
UNIDENTIFIED MALE: Ms. Ellis, I have a few questions that I have to go over with you.
Do you understand the nature of this charge that -- as it's been recused against you?
ELLIS: I do.
UNIDENTIFIED MALE: And you heard the rights that you would waive by going forward with this plea. Do you still wish to waive those rights?
ELLIS: Yes.
UNIDENTIFIED MALE: And are you pleading guilty today because you agree that there is a factual basis, as outlined by the state, to support this guilty plea?
ELLIS: I do.
UNIDENTIFIED MALE: Mr. Hogue, are you satisfied your client is competent and that this plea is understanding and voluntary and that there is a sufficient, factual basis to support it?
HOGUE: I am, your honor.
UNIDENTIFIED MALE: Ms. Ellis, do you have a weapons carry license of any kind in this state or any other?
ELLIS: I do not.
UNIDENTIFIED MALE: Well, I find that there is a sufficient factual basis for the charges and I find that this plea of guilty is knowingly, voluntarily and intelligently entered.
Ms. Ellis, you've asked to be sentenced under the First Offender Act, which is a request that I will approve and I'll withhold adjudication. But I do have to notify you that you can't withdraw your plea simply because you don't abide by the terms of the sentence. And the terms of the sentence would be as negotiated and agreed to by both parties on the sole count of aiding and abetting false statements and writings. The sentence would be five years' probation. You are to pay a $5,000 fine to the Georgia Secretary of State's Office within 30 days of the entered the final disposition in this case. You're to complete 100 hours of community service. You are to cooperate with the state and testify truthfully in any further legal proceedings in this case. And you're not to have any contact, either personally or through other agents, with the media or any co-defendants or witnesses, I believe, in this case, as was outlined.
We will include the language that is sent to us subsequently from Ms. Young, of course, with Mr. Hogue attached on that email to make sure that it is the exact language as agreed to by both parties.
As requested by counsel as a first offender sentence, this would be automatically sealed upon entry and there will be a behavioral incentive date of three years as well.
[09:55:05]
I've been provided a motion to null pross (ph) the accounts on the underlying indictment in 23SC188947 and I'm signing that now.
Is there anything else from the state that you believe we need to have on the record in this case?
UNIDENTIFIED FEMALE: Judge, if I misspoke, I said it should be a $5,000 restitution because the max fine is only $1,000.
UNIDENTIFIED MALE: Excuse me. That's right.
UNIDENTIFIED FEMALE: I made a mistake.
UNIDENTIFIED MALE: No, no, that was my mistake. So, it is a $5,000 restitution. I didn't hear a fine.
UNIDENTIFIED FEMALE: There is no fine, Judge.
UNIDENTIFIED MALE: OK. Understood.
Anything else I need to clarify or may have -- obviously, we will, as I mentioned, go off the language that we were provided subsequent to this hearing.
Anything else from the state though?
UNIDENTIFIED FEMALE: No, your honor.
UNIDENTIFIED MALE: OK. And, Mr. Hogue, anything else we should have on the record? Take your time. HOGUE: One moment, your honor, please.
Your honor, it's our understanding there won't be any travel restrictions as a part of her probation. I want to just make that clear for the record that there's no misunderstanding or dispute about that. She lives out of state.
UNIDENTIFIED MALE: No, understood. This has been - this is sometimes a challenge with out of state residents that we have to have things transition and be moved to the out of state probation office (INAUDIBLE) to accept it as well. And so whatever we can do to facilitate that process, I would like to do. That may mean that if she has a flight today, I don't know if that's going to be possible. But if I could check in with probation, maybe we can get some insight on predictions of what we can do to get this case transferred to Colorado I believe you said it was.
HOGUE: No, she lives in Florida.
UNIDENTIFIED MALE: In Florida. OK.
HOGUE: And we do have flights both this afternoon.
UNIDENTIFIED MALE: OK. Let's - well, let's see what we can do.
UNIDENTIFIED FEMALE: So we basically would need a police report or an affidavit as we spoke. I would just need to take information from her, a picture and $100 money order and then we can kind of get the process started. But until Florida states that they can accept her case, she has to stay within Georgia.
So, if we have everything we need, we can possibly have her report today at 2:00. But if we don't have the indictment, the affidavit, she might have to stay. (INAUDIBLE).
UNIDENTIFIED MALE: All right. And when you say - well, we'll sort through this, Mr. Hogue. When you say she - after she reports at 2:00 today, potentially, how does that affect the process?
UNIDENTIFIED FEMALE: So, they're going to try to get it started with Florida. And then if Florida states that we have everything and they can take it, she possibly can go back to Florida today. But if we don't have everything that we need, and Florida doesn't state that they can take her, then she would have to stay until they give us the go ahead.
UNIDENTIFIED MALE: OK. Mr. Hogue, what time's that flight?
HOGUE: It's at 1:55 p.m., your honor.
I'd like to ask the court to exercise its authority and allow her to travel today. She's been on bond this entire time. It hasn't been that long. But she's abided by all the conditions (INAUDIBLE) and every - whenever. We had thought perhaps we would have this done yesterday (INAUDIBLE) problem that it is now. UNIDENTIFIED MALE: OK. And any thoughts of the state of including some
kind of language allowing some flexibility here on making sure the probation paperwork is in order?
UNIDENTIFIED MALE: Judge, we don't have any objection. We will stand (INAUDIBLE) and let the court make its decision because Ms. Ellis has complied with everything that state has asked.
UNIDENTIFIED MALE: OK. I certainly am amenable to that and I agree that I don't think a flight from the jurisdiction is an issue here. So, I -- we can follow-up and see if we can find other examples and exactly what and how that needs to look, but we'll work on that after we conclude here.
ELLIS: Thank you.
UNIDENTIFIED MALE: All right, anything else. I had already checked in with the state.
Last call over to Mr. Hogue.
HOGUE: We're good. Thank you, your honor.
UNIDENTIFIED MALE: OK, thank you, sir.
Good luck, Ms. Ellis. And we'll be off the record.
ELLIS: Thank you.
BERMAN: All right, just a huge moment in a Fulton County, Georgia, courtroom. Jenna Ellis, former Trump campaign attorney, has pleaded guilty to one count of aiding and abetting false statements in writing. This has to o with the hearing that she attended on December 3, 2020, with, importantly -
BOLDUAN: Yes.
BERMAN: Rudy Giuliani. Why is that so important? Because she made a statement. She delivered an elocution inside the courtroom.
BOLDUAN: Which the judge even said was unusual.
BERMAN: Very unusual. And emotional.
BOLDUAN: Yes.
BERMAN: When we were listening to it. She says, if I knew then what I do now, I would not have represented Donald Trump. I did not make sure facts other lawyers said were - said were true were, in fact, true.
[10:00:00]
She says she failed to do due diligence.
BOLDUAN: Due diligence.
BERMAN: The implication there perhaps is that she was told things by maybe Rudy Giuliani that
