MEMPHIS, Tenn. — A judge has denied a motion by former Tennessee State Senator Brian Kelsey to withdraw his guilty plea in a federal conspiracy case.
In a hearing Tuesday, May 16, 2023, the judge denied the motion Kelsey filed in March to withdraw his guilty plea from November 2022. Through court filings, the senator cited an "unsure heart and a confused mind" as what lead to him accepting a plea agreement within a 48-hour deadline.
Kelsey is now set to be sentenced in July. Sentencing for a co-defendant, Joshua Smith, is also set for July.
In December, the Tennessee Supreme Court suspended Kelsey's law license at the request of the Board of Professional Responsibility, pending further orders by the court. The state Supreme Court cited its own rules requiring the suspension because of Kelsey's guilty plea.
Specifically, the Germantown native 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.
Kelsey's attorney David Warrington wrote in the motion to withdraw that "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."
Kelsey's motion referenced the failing health of his late father as well as the birth of twins last year as "an incredibly stressful and confusing time."
“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 explained. “Under these circumstances, he was in a confused state mentally and unable to fully consider the ramifications of his plea agreement.”
Prosecutors said that Kelsey and co-defendant Joshua Smith conspired to move tens of thousands of dollars from a state Senate campaign account to a national political organization. They said that organization then bought political advertising for Kelsey's congressional campaign, making another $80,000 worth of contributions to the campaign.
Smith pleaded guilty to one federal charge in October and Kelsey's original plea took place a few weeks later. Kelsey could face up to five years on each count.
Kelsey also mentioned in his court filings that he chose not to seek reelection in the Tennessee senate last year in order to avoid negative campaigning for his family.
The Associated Press contributed to this report.