Dem
47
GOP
53
After fake electors in Michigan got together following the 2020 presidential election and signed false election certificates certifying that Donald Trump won Michigan, the state's AG, Dana Nessel (D), charged them with forgery and conspiracy to commit election forgery. They were facing 14 years in prison. The case has been rattling around in the courts for years. On Tuesday, State District Court Judge Kristen Simmons, a 2019 appointee of Gov. Gretchen Whitmer (D-MI), threw the case out. The fake electors will not stand trial.
The judge said the fake electors genuinely believed Trump had won the state so they had every right to do it. She literally said from the bench: "Their statements make it very clear that they believed that they could seek redress from their state senators." So the new way to ask state senators for help is to forge official documents. Got it. This suggests that any time citizens now believe that an election result is wrong, they can forge legal documents to "correct" it, presumably also including forging the signature of the secretary of state if need be.
The concept that someone can break the law if they sincerely believe they are allowed to do it certainly breaks new ground. What if a recent immigrant from a country where honor killings are common kills someone who insulted his sister because he genuinely believed it was legal? Is that now fine with the courts? What if someone refuses to pay federal tax because he genuinely believes the government is wasting his money? It is a long list.
The election in Michigan wasn't even close. The result did not depend on a few ambiguously marked ballots like the 2008 Al Franken-Norm Coleman Senate election. Joe Biden won by 155,000 votes.
The ruling could have ramifications beyond Michigan. AGs in Arizona, Nevada and Wisconsin have filed similar charges against fake electors in their states and a D.A. in Georgia has done so as well. The Michigan ruling is not binding in any way in the other states, but judges there could look to Simmons' ruling for guidance if they want to. Those cases have been bogged down by procedural and appellate delays for years. The legal system simply doesn't work any more. Any defendant with enough money for endless appeals can stretch the case out for years until the other side gives up, or until they finally stumble on a sympathetic judge. (V)