Former Sen. Brian Kelsey, photographed in the Tennessee Capitol in 2022. (Photo: John Partipilo)
Former state Sen. Brian Kelsey sought Thursday to vacate his conviction on federal campaign finance violations, citing prosecutorial misconduct by the U.S. Department of Justice and ineffective legal counsel.
The move comes just over a week after the U.S. Supreme Court declined to hear Kelsey’s request for a hearing to reverse his guilty plea in the case.
A press release sent on behalf of Kelsey’s attorneys, Joy Boyd Longnecker of Barnes & Thornburg and Kent Wicker and Kayla M. Campbell of Wicker/Brammell, PLC, cites testimony by former lawmaker Jeremy Durham in Kelsey’s case, claiming the Department of Justice coerced Durham into giving false testimony about Kelsey.
According to the release, the Department of Justice also failed to disclose to Kelsey that another witness, Joshua Smith, claimed he had done nothing illegal to help Kelsey. Smith, the owner of The Standard, an upscale restaurant club where Republicans gathered frequently, pleaded guilty in the case and is cooperating with federal prosecutors.
Kelsey’s current legal team also cites his prior attorneys’ “failure at the plea withdrawal hearing.”
Kelsey pleaded guilty in 2022 to charges he illegally funneled money from his state Senate campaign account through two political action committees to the American Conservative Union, which bought digital and radio advertising supporting his failed 2016 bid for Congress. Months later, he attempted to withdraw the plea, citing his unfamiliarity with the criminal justice system — Kelsey, a lawyer, was serving as chair of the Senate Judiciary Committee at the time — and stress induced by the birth of his twin sons.
At the time of his plea, Kelsey called out Durham — a former friend — for his cooperation with the DOJ in exchange for immunity as an unindicted co-conspirator in the case.
Smith also pleaded guilty for his role in the finance scheme. He received no prison time but was ordered to pay a $250,000 fine, do 720 hours of volunteer work and be on probation for five years.
GET THE MORNING HEADLINES.