Ken Chesebro, a Donald Trump attorney charged along with the former president in the Georgia election racketeering case, has filed a long shot motion to dismiss his indictment, reported ABC News on Wednesday — based on a clerical technicality.

Chesebro was allegedly the author of a secret memo outlining a strategy to overturn the 2020 presidential election, which even he acknowledged was not actually legal.

Former Georgia prosecutor Chris Timmons told ABC that this motion is unlikely to go anywhere. “If he was not sworn in, at worst it’s embarrassing for the Fulton County DA’s office but it would not affect the case,” said Timmons. “The Georgia Supreme Court has held unanimously that the presence at the grand jury of individuals who are not sworn assistant district attorneys will not vitiate an otherwise valid indictment.”

Read more from RawStory here.