A Nevada judge has ignited controversy by dismissing a case against six individuals dubbed as fake electors, who falsely asserted that former President Trump had won the state in the 2020 presidential election.
Clark County District Judge Mary Kay Holthus ruled on Friday that the Nevada attorney general’s office had erred in choosing the venue for the case, and called off a trial scheduled for January.
Attorney General Aaron Ford (D) had brought the charges in Clark County, centered around Las Vegas, but defense lawyers argued vehemently that the case should have been filed in a northern Nevada city closer to where the alleged offenses took place.
“We strongly disagree with the judge’s decision and will file an immediate appeal,” said John Sadler, spokesperson for the Nevada attorney general’s office.
Following the judge’s ruling, defense attorneys expressed relief, declaring the case effectively closed due to the expiration of the three-year statute of limitations in December. This legal expiration likely prevents the state from pursuing the matter further in a different jurisdiction.
The accused individuals, known for their pro-Trump stance, included Michael McDonald, Jesse Law, Jim DeGraffenreid, Durward James Hindle III, Shawn Meehan, and Eileen Rice. Each faced serious felony charges related to falsifying documents, carrying potential prison terms of up to four or five years.
Upon their indictment, the state attorney general’s office had asserted that these individuals had posed as legitimate electors, aiming to disrupt the lawful results of a democratic election.
The scheme involving alternate electors relied on former Vice President Mike Pence to certify slates of Trump-supporting electors in battleground states, diverging from the true Electoral College votes that favored now-President Biden. Pence, however, declined to comply on January 6, 2021, amidst a chaotic day in Washington, D.C., when supporters of Trump stormed the Capitol.
Apart from Nevada, similar cases against pro-Trump electors have unfolded in states like Michigan, Georgia, and Arizona, reflecting broader legal challenges stemming from efforts to challenge the 2020 election outcome.
The initiative was reportedly spearheaded by Trump’s legal team, with several members facing legal repercussions in other states for their involvement. Trump himself faces federal and state charges related to attempts to overturn the election results in Georgia, maintaining his innocence in both cases.
Biden decisively won Nevada by a margin exceeding 33,000 votes in the 2020 election.
Critics of Holthus’s decision argue that the dismissal has allowed the accused to evade accountability too easily. They contend that the judge should have exercised discretion to reject the case when it was initially filed in Clark County, advocating instead for it to be filed in the appropriate northern Nevada venue. This failure, they argue, has not only undermined the pursuit of justice but also raises questions about the fairness of legal proceedings in cases involving sensitive electoral matters. The swift expiration of the statute of limitations further complicates any potential future legal actions, leaving many to question whether justice has been fully served in this instance.