Former Sen. Brian Kelsey Replaces Legal Team After Judge Says He Can’t Take Back Guilty Plea
Photo: Former Senator Brian Kelsey – Photo Credit: Brian Kelsey / Facebook
The Tennessee Conservative [By Adelia Kirchner] –
After pleading guilty to two campaign finance conspiracy charges in November of last year, former Tennessee Sen. Brian Kelsey (R-Germantown) has reportedly decided to replace his legal team.
Back in October of 2021, Kelsey was indicted for allegedly violating federal law by funneling more than $90,000 from his state campaign account to a federal campaign account connected to his failed 2016 congressional run.
Kelsey was charged on five counts alleging a campaign finance scheme and Joshua Smith who owns The Standard club in Nashville was also indicted.
According to the indictment, both Smith and Kelsey were involved in moving $91,000 in “soft money” from Kelsey’s state campaign account to the American Conservative Union, which proceeded to spend $80,000 in independent expenditures supporting Kelsey’s bid for office.
Initially both individuals plead “not guilty” to all counts, but in October of 2022 Smith plead guilty to one charge of funneling “soft money” to Kelsey’s Congressional campaign.
Shortly after, Kelsey requested a hearing to alter his “not guilty” plea. In November 2022, he plead guilty to one count of conspiracy to defraud the United States and another of aiding and abetting the acceptance of funds in excess of federal limitations of $25,000.
As a result, the Tennessee Supreme Court suspended Kelsey’s license to practice law in the state and referred his case to the State Board of Professional Responsibility.
This guilty plea prevents Kelsey from holding state office again after eighteen years in the legislature, and if given the maximum penalty, he could be in prison for five years with three years’ probation and a fine of up to $500,000.
In March Kelsey changed his mind and attempted to take his guilty plea back, stating that he entered into the plea “with an unsure heart and confused” after his twin sons were born and his father was on his “death bed.”
The former Senator’s motion to vacate his decision to plead guilty to campaign finance crimes was rejected by a federal judge and Kelsey now wants to delay his July 27th sentencing date for at least another month.
Kelsey said in a court filing on Wednesday that he is replacing his previous legal team (Paul Bruno, David Rivera, Jerry Martin, and David Warrington), with J. Alex Little and Zachary Lawson of the Burr & Forman law firm.
According to Kelsey’s new lawyers, this came out of “the deterioration of attorney-client relationships, the potential for future litigation involving prior counsel, and the need to have counsel of choice representing him at sentencing.”
Little and Lawson have asked District Judge Waverly Crenshaw to push the hearing for at least 30 more days so that they have time to get familiar with the case and sentencing materials, and because of other state and federal court obligations on July 26th and 30th.
“There is one issue that might be raised as substantial mitigation in the sentencing memorandum,” stated Kelsey’s new lawyers, “and this issue requires additional time to research and investigate.”
“But,” they continued, “counsel believes that this can be accomplished within 30 days.”
About the Author: Adelia Kirchner is a Tennessee resident and reporter for the Tennessee Conservative. Currently the host of Subtle Rampage Podcast, she has also worked for the South Dakota State Legislature and interned for Senator Bill Hagerty’s Office in Nashville, Tennessee. You can reach Adelia at adelia@tennesseeconservativenews.com.
