Michel’s new counsel from ArentFox Schiff said that the AI-generated closing argument by Michel’s previous lawyer, David Kenner, was a resounding flop: “Kenner’s closing argument made frivolous arguments, misapprehended the required elements, conflated the schemes and ignored critical weaknesses in the government’s case,” the brief said.

By using an experimental AI program to generate his closing argument, the brief said, Kenner botched “the single most important portion” of Michel’s jury trial.

Michel was convicted in April on federal charges of conspiring with fugitive Malaysian financier Jho Low in three alleged lobbying schemes to influence two US presidential administrations.

His new lawyers contend Kenner’s defence of Michel was woefully inadequate, in part because he relied on the AI program EyeLevel.AI to craft his final argument in the complex, politically charged case, which featured testimony from Hollywood star Leonardo DiCaprio and former US Attorney General Jeff Sessions.

“The AI program failed Kenner, and Kenner failed Michel. The closing argument was deficient, unhelpful and a missed opportunity that prejudiced the defence.”

Kenner and Israely “appear to have had” an undisclosed financial interest in CaseFile Connect, which acted as a “technology partner” to EyeLevel.AI.

The brief asserts that Kenner and Israely regarded Michel’s trial as an opportunity to tout CaseFile Connect, advancing their financial interests at Michel’s expense.

In a declaration accompanying the brief, ArentFox partner Peter Zeidenberg, a former U.S. Justice Department political corruption prosecutor, said his team first learned that Kenner had used an AI program to write his closing argument from Michel’s former publicist, who told ArentFox that Kenner said as much at the end of Michel’s trial.

After Michel's trial, ArentFox subsequently found a little-noticed May 10 press release issued by EyeLevel.AI, hailing “the first use of generative AI in a federal trial.”

The press release included a quote from Kenner, who said that the AI program “turned hours or days of legal work into seconds” and called his use of the program “a look into the future of how cases will be conducted."