Nevada prosecution of fake electors explained

Nevada v. McDonald
Court:Nevada District Court, Clark County
Full Name:State of Nevada v. Michael J. McDonald, et al.
Charge:
  • Uttering
  • Offering a false instrument for filing or record
Judges:Mary Kay Holthus
Italic Title:no
Docket:C-23-379122-4[1]

State of Nevada v. Michael J. McDonald, et al. is a state criminal prosecution concerning the Trump fake electors plot in Nevada. The six defendants are accused of offering a false instrument for file or record and uttering a forged instrument to falsely claim that Donald Trump won the state's electoral votes in the 2020 U.S. presidential election in Nevada.[2] [3] Among the accused are Michael J. McDonald, the chair of the Nevada Republican Party, and Clark County Republican chairman Jesse Law.[4]

On December 5, 2023, a grand jury issued the indictment.[5] All six defendants pleaded not guilty; the case is set to go to trial on January 13, 2025.[6] If convicted, they face between one and five years in prison.[5] On June 21, 2024, a judge dismissed the case on the grounds of jurisdiction, with prosecutors vowing to appeal.[7]

Background

See main article: Trump fake electors plot and Attempts to overturn the 2020 United States presidential election. Democratic nominee Joe Biden won the 2020 presidential election, and carried the state of Nevada, defeating Republican nominee Donald Trump in the popular vote by 33,596 votes, and gaining all of the state's six electoral votes.[8] Trump and his allies, however, refused to accept the election results and launched an ultimately unsuccessful campaign to remain in power via subverting the election results.[9]

In 2022, during the investigation of the U.S. House select committee on the January 6 attack, Nevada GOP chair Michael J. McDonald and Nevada GOP secretary James DeGraffenreid were both subpoenaed on January 28 and deposed on February 24.[10] [11]

In May 2023, Nevada Attorney General Aaron Ford testified that the fake electors would likely not be charged as he did not believe they had violated any specific law. However, in November 2023, it was reported that Ford was actively investigating individuals who had acted as fake electors.[12]

Indictment and arraignment

On December 5, 2023, a Nevada grand jury in the District Court for Clark County issued an indictment charging six Nevada Republicans. The indictment stems from the sending of a document falsely ascertaining that Trump had won the state. Each of the six defendants was charged with two felony counts:[13]

Nevada was the third state to bring charges in the fake elector scheme, after Georgia and Michigan. Arizona later became the fourth state to bring charges.[14] The defendants are:

The six defendants were arraigned on December 16, 2023; all pleaded not guilty.[15] Judge Mary Kay Holthus set the trial for March 11, 2024. This was later moved to January 13, 2025.

Venue proceedings

On June 21, 2024, the judge presiding over the case dismissed it on the basis that Clark County was the wrong venue to file the case as no elements of the alleged crime had occurred there; the casting of votes had occurred in Carson City and the documents were mailed from Douglas County.[16] [17] Because the statute of limitations for the filing false instruments charges had expired in December 2023, state prosecutors would not be able to initiate a new case on those charges in another jurisdiction, although the forgery charges have a statute of limitations that is one year longer.[18]

The Nevada's attorney general filed an appeal to the Supreme Court of Nevada on July 26.[19] [20]

External links

Notes and References

  1. Web site: indictment - Attorney General - State of Nevada . December 6, 2023 . April 29, 2024.
  2. Web site: Pro-Trump electors indicted in Nevada, the third state to issue charges . Amy . Gardner . Yvonne . Wingett Sanchez . . December 6, 2023 . April 29, 2024.
  3. Web site: 6 'fake electors' for Trump are indicted in Nevada . . December 6, 2023 . April 29, 2024.
  4. Web site: Six Nevada Republicans charged with casting fake electoral votes in 2020 . Rachel . Leingang . . December 6, 2023 . April 29, 2024.
  5. Web site: Durkee . Alison . December 5, 2023 . 'Fake' Pro-Trump Electors Indicted In Nevada . 2024-04-30 . Forbes . en.
  6. Web site: Nevada fake electors won't stand trial until January 2025 under judge's new schedule . Ken . Ritter . . March 4, 2024 . April 29, 2024.
  7. Web site: Nevada Judge Throws Out State's Case Against Fake Electors . Danny . Hakim . Jack . Healy . . June 21, 2024 . June 21, 2024.
  8. Web site: Biden courts Nevada voters after narrow 2020 win . Jarrett . Renshaw . . February 4, 2024 . April 29, 2024.
  9. Web site: Newly Released Messages Detail Roots of the 'Fake Electors' Scheme . Luke . Broadwater . Maggie . Haberman . . March 4, 2024 . April 29, 2024.
  10. News: Nobles . Ryan . Cohen . Marshall . Cohen . Zachary . Grayer . Annie . January 28, 2022 . January 6 committee subpoenas individuals tied to fake elector push . April 30, 2024 . CNN.
  11. News: January 28, 2022 . Select Committee subpoenas "alternate electors" from seven states . https://www.webharvest.gov/congress117th/20221224234355/https://january6th.house.gov/news/press-releases/select-committee-subpoenas-alternate-electors-seven-states . December 24, 2022 . April 30, 2024 . webharvest.gov archive of january6th.house.gov . January 6 Committee.
  12. Web site: Nevada attorney general is investigating false electors who aided Trump in 2020 . Betsy . Woodruff Swan . . November 15, 2023 . April 30, 2024.
  13. Web site: Nevada grand jury indicts 'fake electors' who backed Trump in 2020 . Natasha . Korecki . . December 6, 2023 . April 30, 2024.
  14. Web site: Brangham . William . Schmitz . Ali . 2023-12-07 . Nevada charges pro-Trump fake electors accused of attempting to overturn 2020 election . 2024-04-30 . PBS NewsHour . en-us.
  15. Web site: Nevada fake electors plead not guilty to state charges; trial set for March . Marshall . Cohen . December 18, 2023 . . April 30, 2024.
  16. Web site: 2024-06-21 . Judge dismisses Nevada fake electors case over lack of jurisdiction . 2024-06-22 . The Nevada Independent . en.
  17. Web site: Nevada judge dismisses case against Trump electors, citing jurisdiction . Nicole . Markus . Patrick . Marley . . June 21, 2024 . June 21, 2024.
  18. News: Gentry . Dana . June 24, 2024 . Appeal not Nevada attorney general's only option for pursuing fake electors . Nevada Current . 2024-07-11 . en-US.
  19. Web site: Yamat . Rio . 2024-07-27 . Nevada attorney general appeals to state high court in effort to revive fake electors case . 2024-07-29 . AP News . en.
  20. Web site: Birenbaum . Gabby . 2024-07-26 . AG appeals Nevada fake electors case to state Supreme Court . 2024-07-29 . The Nevada Independent . en.

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