(Source: MIRS.news, Published 07/19/2023) Two former U.S. Attorneys agree that convictions against the 16 Republicans accused of forgery and other crimes for claiming they were “duly elected” electors in the 2020 presidential race comes down to intent.
Matthew Schneider, a former U.S. attorney in the Eastern District and a current partner at Honigman, told MIRS Wednesday the Attorney General does not have a “slam dunk case.”
“Did they believe they were signing a provisional ballot in case the outcome of the election changed?” former U.S. attorney Barbara McQuade asked. “If so, then, that might be innocent conduct. Or, instead, did they know that they were part of the plot to subvert the election? From the face of the document alone, it seems clear that they were attesting to a lie.”
Schneider said that people who believe Democratic Attorney General Dana Nessel’s authorization of charges is political “should read the complaint" before opining.
“That’s always a good first step. It sounds like there’s pretty significant evidence in this case,” he said.
An affidavit from Howard Shock, a special agent with the Attorney General’s office, alleges that “none of the 16 signatories” – who will be arraigned Aug. 10 – on a “Certificate of Votes of the 2020 Electors from Michigan” created in December 2020 “were lawfully selected electors” for the president or vice president offices.
The document signed specifically notes the 16 “convened and organized in the State Capitol” on Dec. 14, 2020, but there is video evidence that they were unsuccessful in getting inside the Capitol that day.
Schneider said the video evidence is “hard to overcome.”
The document, which was sent to the National Archives with the return address of defendant Republican National Committeewoman Kathleen Berden, who identified herself as chair of the Michigan Republican electoral college, said the 16 people signing it were the “duly elected and qualified Electors.”
However, the Michigan Board of State Canvassers is responsible for certifying the electors and it was not the 16 Republican defendants, rather it was the Democratic electorates, since President Joe Biden won Michigan by 154,000 votes.
“That’s another arrow in the Attorney General’s quiver,” Schneider said.
Shock’s affidavit further notes that several GOP employees confirmed Chair Laura Cox and the Republican National Committee organized the Dec. 14, 2020 meeting of the Republican electors.
At that meeting, Shock said, no one was allowed in but the 16 – their spouses, including Meshawn Maddock’s husband, Rep. Matt Maddock (R-Milford), were not permitted to enter.
“False electors were told no recording equipment was permitted inside,” the affidavit reads.
Shock said Michele Lundgren confirmed signing the certificate and that she signed it with defendant Amy Facchinello.
A text message from Berdan’s cell phone to defendant John Haggard confirmed that Meshawn Maddock posted about the meeting “even though we were all asked to keep silent as to not draw attention to what the other states were doing similar to ours!” Shock’s affidavit reads.
Shock’s affidavit alleges the 16 signatories created and published their document “with the intent to defraud the National Archives, President of the U.S. Senate and others.”
But Schneider noted that following the 2020 presidential election, there were a number of lawsuits filed throughout the country challenging Biden’s win.
That landscape, he noted, could lead the defense to argue the defendants’ plan was “simply an alternative slate of electors” in the event former President Donald Trump was declared the winner and that they lacked intent.
“When you have 16 different people charged in a conspiracy, the odds are usually pretty good that one or more of those people will plead guilty and cooperate with investigators,” he said.
In addition to Meshawn Maddock, Berden, Lundgren, Facchinello and Haggard, the defendants include William Choate, Clifford Frost Jr., Stanley Grot, Mari-Ann Henry, Timothy King, James Renner, Mayra Rodriguez, Rose Rook, Marian Sheridan, Kenneth Thompson and Kent Vanderwood.
Each of the 16 electors have been charged with two counts each of forgery and election law forgery and one count of uttering and publishing, as well as conspiracy to commit each of those offenses. They each face up to 14 years in prison if they are convicted as charged.
Rep. John Fitzgerald (D-Wyoming) called for defendant Vanderwood to recuse himself from all official duties until the legal proceedings conclude, saying the mayor’s actions don’t reflect “the honest values” of Wyoming residents.
“We are a community of people who prioritize the rule of law, who support our democracy and seek to uphold the Constitution,” he said in a statement. “These allegations – attempting to overturn Michigan’s lawful election – not only demonstrate poor judgment, but they also describe actions that are un-American, dangerous and wholly inappropriate for any person in a position of public trust to perpetrate.”
Fellow Rep. Phil Skaggs (D-Grand Rapids) called for Underwood's resignation.
