By Zachary Cohen, Marshall Cohen, Hannah Rabinowitz and Jessica Schneider | CNN
Sixteen fake electors who signed certificates falsely claiming President Donald Trump won Michigan in the 2020 election have been charged with crimes, state Attorney General Dana Nessel announced Tuesday.
This is the first time any of the fake electors have been charged with a crime related to the scheme.
The charged individuals are Kathy Berden, a Republican National Committeewoman from Michigan; William (Hank) Choate; Amy Facchinello; Clifford Frost; Stanley Grot; John Haggard; Mary-Ann Henry; Timothy King; Michele Lundgren, Meshawn Maddock, the former co-chair of the Michigan Republican Party; James Renner; Mayra Rodriguez; Rose Rook; Marian Sheridan; Ken Thompson; and Kent Vanderwood.
All 16 individuals were charged with multiple felonies “for their role in the alleged false electors scheme following the 2020 U.S. presidential election,” Nessel’s office announced. The counts include one count of conspiracy to commit forgery, two counts of forgery, one count of conspiracy to commit uttering and publishing and one count of uttering and publishing – all of which carry a maximum of 14 years in prison – as well as one count of conspiracy to commit election law forgery and two counts of election law forgery, which carry a maximum of five years in prison.
The group of 16 fake electors from Michigan includes current and former state GOP officials, the Republican National Committee member, a sitting mayor, a school board member and Trump supporters who were the plaintiffs in a frivolous lawsuit that tried to overturn the 2020 results.
“This plan, to reject the will of the voters and undermine democracy, was fraudulent and legally baseless,” Nessel said in a video released Tuesday.
Michigan was one of the seven battleground states where the Trump campaign put forward slates of “fake electors” as part of their plan to undermine the Electoral College process, and potentially disrupt Congress’ certification of the 2020 election results on January 6, 2021.
The 16 fake GOP electors from Michigan met in Lansing on December 14, 2020, and signed certificates falsely proclaiming that Trump won the state and they were the rightful electors. They were rebuffed by police when they tried to enter the statehouse to deliver the papers, according to videos of the interaction, which took place while the real group of Democratic electors were meeting inside the building. President Joe Biden defeated Trump by a little more than 154,000 votes in the 2020 election.
In the view of the Trump campaign, these were “alternate” electors who could have somehow replaced Biden’s electors when Congress counted the electoral votes on January 6, 2021, handing Trump a second term. However, a wide array of legal experts, including many inside the Trump White House and Trump campaign, thought this plan was unconstitutional and possibly illegal.
Nessel, a Democrat, initially referred the matter to federal prosecutors at the Justice Department, but she reopened the state probe in January. Justice Department special counsel Jack Smith is also actively investigating the fake electors plot, and some fake electors have testified to his grand jury.
“There will be those who claim these charges are political in nature. But when there is overwhelming evidence of guilt in respect to multiple crimes, the most political act I could engage in as a prosecutor would be to take no action at all,” Nessel said.
The House January 6 committee uncovered evidence that Trump knew about the plan and that he spoke directly about it with RNC Chairwoman Ronna McDaniel, who is from Michigan. She testified that Trump and his allies told her the electors’ plan was important, and that the RNC later helped the Trump campaign assemble the slates of GOP electors.
In the video released alongside the charges, Nessel once again shot back against allegations that the 2020 presidential election was fraudulent, saying that the election in her state “was procedurally the same as in every previous modern presidential election.”
“Despite this, the groundwork was laid for a plan to send alternative slates of Trump ‘electors’ to Congress in an attempt to outmaneuver and circumvent the long-standing Electoral College process,” Nessel said. The 16 electors, all from Michigan, gathered with the “hope and belief that the electoral votes of Michigan’s 2020 election would be awarded to the candidate of their choosing, instead of the candidate that Michigan voters actually chose.”
“These defendants may have believed the now long-debunked myths of vote tampering or ballot dumps,” Nessel said. “They may have felt compelled to follow the call to action from a president they held fealty to. They may have even genuinely believed that this was their patriotic duty.”
She continued, “But none of those reasons or feelings provide legal justification to violate the law and upend our Constitution and our nation’s traditions of representative government, self-determination, and a government by the people.”
Nessel also said that her office will continue to investigate efforts to overturn the 2020 election, and “has not ruled out potential charges against additional defendants.”