Michigan’s attorney general, Dana Nessel, made a significant move in the fight to hold individuals accountable for attempting to undermine our democracy. On Tuesday, Nessel charged 16 Republican leaders in Michigan for their involvement as fake electors in an effort to overturn the results of the 2020 election. This development comes shortly after news that special counsel Jack Smith has informed former President Donald Trump that he is a target in the Department of Justice’s investigation into the Capitol riot.
These charges mark an important step in the quest for accountability, not just for the violence on January 6th, but also for the alleged scheme to interfere with the transfer of power. While there may be criticism from different angles, we believe Nessel got it right by prosecuting crimes within her jurisdiction and setting the stage for federal authorities to take further action.
Nessel has brought eight counts against all 16 defendants, including conspiracy to commit forgery and publishing forged documents. The penalties for these offenses range from five to 14 years, but it is likely that sentencing will be lower than the maximum. This is the first time charges have been centered on the fake electors plot, bringing much-needed accountability to those who contributed to the Capitol riot by promoting a false narrative about a stolen election.
Michigan witnessed some of the most outrageous fake electoral certificates leading up to the riot. Unlike certificates from other states, the Michigan documents lacked a disclaimer specifying their use only in case of litigation. Additionally, the documents contained more false statements, such as claiming the electors convened in the State Capitol when they were actually hidden in the basement of the state Republican headquarters. This lie was likely included due to Michigan law requiring presidential electors to meet in the Capitol.
Intent will be a crucial factor in proving these cases. There are indications that the defendants were aware of the illicit nature of their gathering. Testimony from the state Republican Party’s chairwoman, Laura Cox, reveals that the group planned to meet inside the Capitol and hide overnight to vote the following day. Cox firmly opposed this plan and deemed it illegal. The fact that the fake electors were instructed to maintain secrecy and not bring their phones suggests that they knew their actions were wrong.
While critics may argue that the Michigan attorney general should have gone after Trump and his top lieutenants who organized the fake electors, it is essential for prosecutors to focus on those within their jurisdiction first. By zeroing in on individuals within Michigan, Nessel avoids accusations of overreach. However, it is possible that broader prosecutions may arise, such as the reported case being considered by the district attorney for Fulton County, Fani Willis, focusing on Trump and Giuliani’s efforts to pressure state election officials and provide false statements of election fraud.
Nessel’s case creates an opportunity for the special counsel, Jack Smith, to take action against the national ringleaders. By moving against these individuals in Michigan, Nessel sets a precedent for Smith to follow. Together, they can hold accountable both the foot soldiers and the organizers who contributed to the Capitol riot.
Overall, this development marks a turning point in the quest for accountability and serves as a necessary step in ensuring the integrity of our democracy. While challenges and debates may arise, it is crucial to remain focused on the pursuit of justice and holding individuals responsible for their actions.
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