A judge in Michigan has dismissed criminal charges against 15 individuals accused of trying to falsely certify Donald Trump as the winner of the 2020 presidential race in the state — a significant setback for prosecutors as similar cases in other states face ongoing challenges. The case had been pending since Michigan Attorney General Dana Nessel, a Democrat, announced the charges more than two years ago.
During a hearing on Tuesday, District Court Judge Kristen D. Simmons ruled that the Republican defendants would not stand trial. Judge Simmons announced Tuesday that “these cases will not be bound over to the circuit court, Each case will be dismissed.”
The group of so-called ‘fake electors’ — which included several prominent state GOP figures — faced eight counts each of forgery and conspiracy to commit election forgery. The most serious charges carried potential sentences of up to 14 years in prison. According to investigators, the defendants gathered at the Michigan Republican Party headquarters in December 2020 and signed a certificate falsely claiming they were the state’s “duly elected and qualified electors.” However, former President Joe Biden won Michigan by nearly 155,000 votes, a result later upheld by a Republican-led state Senate investigation in 2021.
Electors, who make up the 538-member Electoral College, are responsible for formally choosing the president. In nearly all states, electors cast ballots for the candidate who won the statewide popular vote. Only Nebraska and Maine use a system that also allocates votes by congressional district.
Michigan’s case is one of several brought nationwide tied to efforts to install alternate slates of electors for Trump despite his 2020 loss. Prosecutors in Nevada, Georgia, Wisconsin, and Arizona have filed similar charges, but none of those prosecutions have moved into the trial phase, with many slowed by appeals and procedural disputes.
In Nevada, the attorney general revived the case last year. In Arizona, a judge ordered prosecutors to return their case to a grand jury this past May. Wisconsin courts recently allowed felony charges against three Trump allies to proceed, rejecting defense requests to dismiss the case. Meanwhile, the high-profile prosecution in Georgia is effectively paused as Fulton County District Attorney Fani Willis fights an appeal over her removal from the case. Although Trump technically remains a defendant, legal experts note that prosecuting a sitting president is highly unlikely.
Editorial credit: Trevor Bexon / Shutterstock.com