Former state Sen. Brian Kelsey seeks to withdraw guilty plea
Days before he was set to be sentenced in federal court, former Tennessee state Sen. Brian Kelsey on Friday filed a motion to withdraw his guilty plea in what prosecutors describe as a campaign finance conspiracy to benefit a failed U.S. Congress bid.
Kelsey pleaded guilty to two federal corruption charges in November, but the former lawmaker now says through court filings that personal stress compounded with a 48-hour deadline to accept a plea agreement led him to take the deal with an “unsure heart and confused mind.”
The career civil lawyer, whose Tennessee license was suspended last year following his guilty plea, also argues he should be released from the deal because he was unfamiliar with the criminal justice system.
If a federal judge approved the request, Kelsey would once again fight the charges that torpedoed his political and legal career.
Kelsey’s motion cites the birth of his twins last year while dealing with the failing health of his father, who died of pancreatic cancer in February.
“During this incredibly stressful and confusing time, Kelsey was given a mere 48 hours to make a life altering decision — a decision made without fully understanding ancillary consequences that have come to light only after he entered his plea,” David Warrington, Kelprosecutors sey’s attorney, writes in the motion. “Furthermore, he moved to withdraw the plea as early as practicable after his father’s death.”
Kelsey was set to be sentenced in the case on March 28, and his attorneys had in recent weeks filed multiple character references in the case, including from Lt. Gov. Randy Mcnally, pleading for leniency in the sentencing. He could face up to five years on each count if his request to change his plea is not approved by the judge.
The case was moving toward a January trial when Kelsey’s co-defendant, Nashville social club owner Joshua Smith, pleaded guilty to a single federal charge in October. Kelsey’s plea followed a few weeks later.
have said the pair conspired to move tens of thousands of dollars from Kelsey’s state Senate campaign account to a national political organization, which then bought political advertising for Kelsey’s congressional campaign. The organization made another $80,000 worth of contributions to the campaign. Kelsey maintained his innocence up until his plea deal, and filings made in federal court on Friday indicate his legal team would file a new motion to dismiss the case if his plea revocation is approved.
Once a rising star in Tennessee Republican politics, Kelsey said in court filings he chose to not seek reelection in the Tennessee Senate last year to avoid negative campaigning for his family. He was also forced to resign from the Chicago-based Liberty Justice Center, Kelsey told the court, and lost his health insurance due to his guilty plea.
Kelsey also outlined banking issues, including one bank closing his credit card account due to his guilty plea.
“No one ever informed me that pleading guilty... would cause me to lose the ability to utilize the private banking system in the United States,” Kelsey said. “Other than speeding tickets, I have had no experience with the criminal justice system as a defendant.”
Though they haven’t directly responded to Kelsey’s motion, federal prosecutors on Friday asked the judge to delay Smith’s sentencing date, also set for March 28, until after Kelsey’s motion is ruled on.
“No one ever informed me that pleading guilty... would cause me to lose the ability to utilize the private banking system in the United States. Other than speeding tickets, I have had no experience with the criminal justice system as a defendant.”
Brian Kelsey
Former Tennessee state senator