Defendants in Michigan False Elector Case Seek Dismissal Citing Attorney General’s Remarks

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A subsequent individual implicated in a fraudulent elector case in Michigan is requesting that criminal charges be dismissed. This follows comments made by Michigan Attorney General Dana Nessel, who indicated that the 16 Republicans involved genuinely thought that former President Donald Trump had won the 2020 presidential election.

The 16 Republican defendants are charged with eight criminal offenses, such as forgery and conspiracy to commit election forgery. Authorities assert that after the 2020 election, the group convened and signed a document inaccurately declaring themselves as Michigan’s “officially elected and qualified electors.”

President Joe Biden secured Michigan’s electoral votes by a margin of nearly 155,000 votes, a result corroborated by a 2021 investigation led by the state’s GOP-controlled Senate.

Two of the accused are now petitioning for the dismissal of charges based on statements made by Attorney General Nessel at a virtual event on September 18. Nessel, a Democrat, had stated that these false electors were “brainwashed” and truly believed that Trump was the victor in Michigan.

Nessel also mentioned that Ingham County, the location for the legal hearings and jury selection, leans strongly Democratic.

Kevin Kijewski, legal counsel for defendant Clifford Frost, filed a motion for dismissal on Tuesday, asserting that Nessel’s remarks constitute an “unambiguous and direct admission” that the defendants lacked the intent to defraud. Kijewski indicated that he anticipates this motion to be considered during a court hearing already scheduled for October 6.

Mari-Ann Henry’s attorney also submitted a motion to dismiss on Tuesday, arguing that the Attorney General’s comments effectively undermine the government’s entire case against the defendants.

Danny Wimmer, a spokesperson for the Attorney General’s office, indicated that the office will formally reply to the motion through court filings.

John Freeman, a former federal prosecutor currently representing defendant Marian Sheridan, expressed astonishment at Nessel’s comments, describing them as “a boon for my client.” Freeman is still assessing whether or not to file a dismissal motion on this basis.

Tom Leonard, a former assistant attorney general of Michigan and the Republican nominee for the position in 2018, emphasized that the crux of the case revolves around the defendants’ intent. Leonard said, “The issue at hand is not whether the action occurred, but rather what the defendants intended when they affixed their signatures to those documents.”

All 16 accused have entered not guilty pleas. Henry, along with several other defendants including the former Michigan GOP co-chair Meshawn Maddock, is scheduled for a preliminary hearing on October 12.

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More about Michigan fraudulent elector case

• Michigan Attorney General Dana Nessel’s Comments on the Case
• 2020 Election Results in Michigan
• Legal Requirements for Forgery and Conspiracy to Commit Election Forgery
• Overview of Ingham County’s Political Leanings
• Previous Cases Involving Intent to Defraud in Election-Related Offenses