Lawyer for Michigan false elector suggests Trump staffer should have been charged

The differing stances on the electors' mindsets could be crucial because for the forgery charges to be successful, prosecutors must prove that the electors had an intent to defraud, under Michigan law.

'Brainwashed' or believer?

In the ongoing preliminary examinations, Ingham County District Court Judge Kristen Simmons will eventually determine whether Nessel's office has presented enough evidence to show there is probable cause to believe that crimes occurred.

Nessel, a Democrat, has argued that the false electors' actions "undermined the public’s faith in the integrity of our elections" and "plainly violated the laws by which we administer our elections in Michigan."

The attorney general announced charges against the 16 Republicans in July. Six of them are in court this week for their preliminary examinations, one has reached a cooperation deal with Nessel's team, and the other nine are scheduled to face their exams beginning May 28.

Donnini said on Tuesday that Ingham County prosecutors and the U.S. Attorney's office in the Western District passed on charging the Michigan false electors before Nessel went forward with the charges.

Andrew Stevens, an assistant prosecutor in Ingham County, penned a memo in 2021, saying the certificate that falsely claimed Trump won Michigan's 16 electoral votes was a "political stunt" and not worthy of criminal charges. At the time, Stevens wrote there was "not any evidence" to prove the false electors had an intent to defraud.

Similarly, Donnini noted that Nessel was recorded last year telling a liberal group that the false electors had been "brainwashed" and "genuinely" believed that Trump won Michigan's election.

"How can someone genuinely believe something and yet have, at the same time, knowingly committed a crime?” Donnini asked Shock.

Shock replied by saying it was akin to someone attempting to rob a bank while believing the money belonged to them.

Lawyer Mary Chartier, who's representing GOP elector John Haggard of Charlevoix, asked if the Attorney General's office had addressed Nessel's comments internally.

"Has anyone discussed in a teams meeting or anything else, the conflict between Attorney General saying that the electors genuinely believed in the process, in what they were doing, and a prosecution based on intent to defraud?” Chartier asked.

Shock said not to his knowledge.

Judge issues warning

At the beginning of Tuesday's proceedings, Simmons warned the GOP electors and their lawyers not to take photographs of witnesses and not to post disparaging remarks about them online.

Such actions are "ridiculous" and could amount to witness intimidation, which can lead to a criminal charge, Simmons said.

"If it appears that you're taking a photo, I'm going to have to take your phone and have it searched," Simmons said. "Because we're not going to have witnesses being intimidated when they're coming in here, under a subpoena, to give testimony."

_____