A significant national court case in Nevada involving six Republicans who posed as fake electors to delegitimize the outcome of the 2020 Presidential election and instead certify the election for Donald Trump has been dismissed. Only three more states will continue to review similar criminal charges.
Nevada Attorney General’s Criticism
Nevada’s Attorney General, Aaron Ford, criticized the decision and committed to refiling the case at the state Supreme Court. The Judge who dismissed the case, Judge Mary Kay Holthus, ruled that the case had been filed wrongly with the Clark County District Court.
Attorney General’s Response
The Democratic Attorney General said, “The Judge got it wrong, and we’ll appeal immediately.”
Pursuing Charges Against Fake Electors
Though the Attorney General has vowed to continue pursuing the six fake electors who have been charged with submitting certificates to Congress certifying erroneously that Donald Trump had won in Nevada, the defense attorneys have declared the case dead.
Statute of Limitations Concern
If the case is refiled in another, more appropriate jurisdiction north of Las Vegas, where the alleged activities occurred, the three-year statute of limitations would nullify the case as that deadline ended in December 2023.
Defense Attorney’s Statement
Margaret McLetchie, the attorney for Jesse Law, one of the defendants in the case, said of the prosecution, “They’re done.”
Dismissal of the Trial
Judge Holthus dismissed the trial for all six defendants, including Law, state GOP chairman Michael McDonald, Republican party committee members Jim DeGraffenreid, Shawn Meehan, Jim Hindle, and Eileen Rice, which was set to begin in January 2025.
Felony Charges and Penalties
The six defendants faced felony charges involving offering falsifying and forging documents. The penalties, if convicted, involve imprisonment for four or five years.
Defense Argument on Venue
The case was ultimately dismissed after the defense attorneys argued that the prosecutors should have brought the case in Carson City or Reno, where the alleged criminal activity occurred. Rather than doing so, the Attorney General filed the case in Las Vegas, the most Democratic and large city.
Prosecutors’ Intentions Questioned
The defense attorneys also claimed that the prosecutors purposely did not present evidence to the jury that would have exonerated the six electors, who the defense team alleges did not intend to commit a crime.
Defense Attorney’s Court Argument
Defense attorney Richard Wright said in court, “Crimes are tried, and venue lies…in which the offense was committed. Signing the document occurred in Carson City.”
Judge’s Decision
When Judge Holthus looked to the Attorney General to respond to Wright’s charge, Deputy State Attorney General Matthew Rashbrook stated that “no one county contains the entirety of these crimes. Society is the victim of these crimes. Voters who these acts would have disenfranchised…would have been victims of these crimes.” The Judge ultimately sided with the defense attorneys, concluding that “everything took place up north,” meaning Reno and Carson City, not Las Vegas.
Republican Party’s Reaction
Nevada’s state Republican party celebrated the dismissal of the case. Five of the six defendants were selected by the Nevada GOP to participate as delegates to the 2024 Republican National Convention in July. The sixth chose not to participate.
Ongoing Legal Reviews in Other States
Similar charges against fake electors falsely certifying election results are still under legal review in Michigan, Georgia, and Arizona.
