Ex-Tennessee lawmaker (R) asks judge to withdraw guilty plea
NASHVILLE, Tenn. (AP) — A former Tennessee state senator accused of violating federal campaign finance laws is seeking to withdraw his guilty plea, arguing that he initially did so with “unsure heart and confused mind.”
Brian Kelsey had entered a guilty plea before a federal judge in November in the case related to a failed 2016 congressional campaign. Before that, Kelsey had previously pleaded not guilty — often describing his case as a “political witch hunt” — but changed his mind shortly after his co-defendant, Nashville social club owner Joshua Smith, pleaded guilty to one count under a deal that required him to “cooperate fully and truthfully” with federal authorities.
Kelsey pleaded guilty to conspiracy to defraud the Federal Election Commission as well as aiding and abetting the acceptance of excessive contributions on behalf of a federal campaign. He faces up to five years in prison for each count. Yet on Friday, Kelsey’s new legal team filed a motion to withdraw his guilty plea and asked the court to dismiss his case.
“Though not the norm, it is permissible to withdraw a guilty plea and file a motion to dismiss,” court documents state.
“Brian Kelsey was given less than 48 hours to make a decision on his plea agreement at a time when he was contending with his father on his death bed due to pancreatic cancer and newborn twins,” the documents explain. “Under these circumstances, he was in a confused state mentally and unable to fully consider the ramifications of his plea agreement. In short, he had an unsure heart and a confused mind and should be permitted to withdraw his plea.”
https://apnews.com/article/tennessee-lawmaker-indicted-745b16e7970d803db984c2ba777b9a86
