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Judge to Decide on Michigan GOP Elector Fraud Case Trial

A preliminary hearing has concluded for five Michigan Republicans accused of attempting to submit a false slate of electors to the Electoral College following the 2020 presidential election. Now, Judge Kristen D. Simmons must determine whether there's sufficient evidence to proceed with a criminal trial. The judge’s decision will be delayed until after a pretrial hearing in May for eight additional defendants involved in the same case.

Among the accused are former members of the Republican National Committee and former co-chairs of the Michigan Republican Party. All have pleaded not guilty to eight felony charges. Prosecutors allege that the defendants engaged in a plot to disrupt the 2020 election outcome by signing a fake elector certificate on December 14, 2020, and sending it to the U.S. Senate and the National Archives. The defense attorneys appear to be preparing to argue that the actions of their clients were justified due to ongoing disputes about the election results in Michigan at the time.

The defense is drawing on a precedent from Hawaii in 1960, where a similar controversy led to both Democratic and Republican elector slates being certified by the state governor. This event has been used to justify attempts to submit alternative electors during the 2020 election. Defense attorneys in Michigan are laying the groundwork for a case that presenting an alternate list of electors was a rational response to the alleged uncertainty surrounding the 2020 election results in Michigan.

In addition to questioning the legality of the alleged actions, the defense attorneys are also suggesting that some of the defendants might not have fully understood the implications of what they were signing. One testified that he would not have participated if he had known it was illegal. It’s also worth noting that Congress did not recognize the alternate slate of electors from Michigan or any other states. Other states, like Georgia and Nevada, have brought charges against alternate electors, while in Wisconsin, the alternate electors reached a settlement in which they acknowledged President Biden’s victory and their attempt to overturn the results.

The outcome of this hearing could set an important precedent for similar cases and influence the broader conversation about election integrity and the consequences of attempts to subvert democratic processes.

Written by Staff Reports

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