Judge Cites Lack of Criminal Intent, Stating Defendants Were Exercising Constitutional Rights
A Michigan judge on Tuesday threw out charges against 15 individuals accused of acting as “fake electors” for President Donald Trump in the 2020 election. The ruling by District Court Judge Kristen Simmons marks a significant setback for Michigan Attorney General Dana Nessel, who brought the charges last year.
The case centered on a December 2020 meeting where the defendants allegedly signed documents claiming to be members of the Electoral College and attempted to cast votes for Trump, despite then-candidate Joe Biden winning the popular vote in Michigan.
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However, Judge Simmons ruled there was insufficient evidence to prove the defendants acted with criminal intent. During the hearing, she stated, “This is not an election interference case. I believe that they were executing their constitutional right to seek redress.” The judge added that there are “many things that could cause a pause in the electoral process, and it doesn’t mean that it’s criminal.”
Simmons noted that the defendants sincerely believed there were “serious irregularities” with the election, a sentiment echoed by many of the prosecution’s own witnesses.
The 16 original defendants had all pleaded not guilty. One individual had charges dropped last year after agreeing to cooperate with the attorney general’s office.
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Attorney General Nessel expressed her strong disagreement with the ruling, calling it a “very wrong decision.” In a press conference following the hearing, she stated, “As prosecutors, we have a moral and ethical obligation to bring charges when there is evidence of a crime… the evidence is clear and overwhelming.” Nessel indicated that her office is evaluating its options, including a possible appeal.
Nick Somberg, a lawyer for one of the defendants, Meshawn Maddock, celebrated the decision. “This was a farce from the beginning,” Somberg told CNN. “There was no forgery. There was no conspiracy. There was no fraud. We’ve been maintaining their innocence since day one.”
The dismissal of the charges has also drawn parallels to a separate, unrelated case. Nessel faced criticism earlier this year after dropping charges against anti-Israel encampment protesters at the University of Michigan, citing the case as a “lightning rod of contention” even while stating a “reasonable jury would find the defendants guilty.”
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