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Pardoned Attorney Reinstated Subject To Further Proceedings

A convicted and pardoned attorney has been reinstated by the Tennessee Supreme Court

By Order of the Tennessee Supreme Court entered August 20, 2025, Biran [sic] Kirk Kelsey was reinstated to the active practice of law.

On December 8, 2022, Mr. Kelsey was suspended by the Supreme Court of Tennessee pursuant to Tennessee Supreme Court Rule 9, Section 22.3 after entering a plea of guilty to one (1) count of Conspiracy to Defraud the United States, in violation of Title 18 United State Code Section 371 and one (1) count of Aiding and Abetting the Acceptance of Excessive Contributions, in violation of Title 52 United State Code, Sections 30116(a)(1)(A), 30116(a)(7)(B)(i), 30116(f) and 30109(d)(1)(A)(i) and 18 United State Code, Section 2. The Supreme Court referred the case to the Board of Professional Responsibility for the institution of formal proceedings to determine the extent of final discipline.

On March 11, 2025, Mr. Kelsey received a full and unconditional presidential pardon for those offenses against the United States enumerated in United States v. Kelsey et. al., Case No. 3:21-cr-00264 (Middle District of Tennessee). Thereafter, Mr. Kelsey filed a declaration with the Supreme Court seeking immediate reinstatement to the practice of law. After briefing by the parties, the Supreme Court concluded Mr. Kelsey should be immediately reinstated from his December 8, 2022 Tennessee Supreme Court Rule 9, Section 22.3(a) suspension; however, his reinstatement will not terminate any formal proceedings pending against him, the disposition of which shall be determined by the hearing panel and the Board on the basis of the available evidence in accordance with Tennessee Supreme Court Rule 9, Section 22.3(b).

Tennessee Lookout reported on the pardon

President Donald Trump has pardoned former state Sen. Brian Kelsey just weeks after Kelsey entered federal prison to serve what was to be a 21-month sentence on federal campaign finance charges. 

Kelsey, who pleaded guilty in 2022 to two counts of violating federal campaign finance laws in a scheme to bolster his failed 2016 congressional campaign, in a statement blamed “political weaponization” by the Department of Justice under former President Joe Biden for his conviction.

“Like President Trump, I’ve seen how the justice system can be weaponized to target conservatives who challenge the status quo,” Kelsey said in a press release. “His understanding of this injustice, born from his own experiences with lawfare, has restored my freedom and reaffirmed my faith in true leadership.”

The ex-senator funneled more than $90,000 from his state account to his congressional campaign through two political action committees, illicitly using “soft money” not governed by federal laws. 

Kelsey, an attorney, attempted to withdraw his guilty plea, saying he wasn’t of sound mind because his wife had recently given birth to twins and his father, who later died, was sick.

“Like President Trump, I’ve seen how the justice system can be weaponized to target conservatives who challenge the status quo,” Kelsey said in a press release. “His understanding of this injustice, born from his own experiences with lawfare, has restored my freedom and reaffirmed my faith in true leadership.”

The ex-senator funneled more than $90,000 from his state account to his congressional campaign through two political action committees, illicitly using “soft money” not governed by federal laws. 

Kelsey, an attorney, attempted to withdraw his guilty plea, saying he wasn’t of sound mind because his wife had recently given birth to twins and his father, who later died, was sick.

(Mike Frisch)