Two fake GOP electors in Michigan asked a judge this week to dismiss their charges, arguing that state Attorney General Dana Nessel conceded that they didn’t have criminal intent when she said they were “brainwashed” after the 2020 election.

Attorneys for fake electors Mari-Ann Henry and Clifford Frost separately filed motions to drop the case, citing the comments Nessel made last week to a liberal advocacy group. CNN obtained a recording of her appearance, where she said the GOP electors were “brainwashed” and “genuinely believe” former President Donald Trump won in 2020.

“Convictions would require proof that (Henry) intended by her actions to defraud,” Henry’s attorney wrote, adding that Nessel’s prosecutors “now claim that (Henry) believed Donald Trump won the election. If she had that belief, (Henry’s) alleged actions could not have been performed with the intent to cheat or deceive anyone.”

  • Cruxifux@lemmy.world
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    1 year ago

    If this works it’ll set a very disturbing precedence for right wing extremist actions in the US.

    • givesomefucks@lemmy.world
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      1 year ago

      It won’t, the lawyers always try stupid shit. Especially in pretrial

      Like Trump’s lawyers just said that square footage was subjective so it can’t be a crime to have wildly varying numbers that always worked in the defendant’s favor.

      They put that in writing, but when oral arguments came, they dropped it because they knew it wouldn’t actually work. It’s a stall tactic to make prosecutors waste time they could be spending on the case. Throw out a dozen ridiculous defenses, that way prosecutors have to have a plan for whatever they actually go with

      • Optional@lemmy.world
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        1 year ago

        Agree. However, it’s not really known by most people that that is the defense’s job. “Justice” is entirely the responsibility of the prosecutor. They have to prove it beyond a reasonable doubt, they have to do it correctly, and if they find anything that undermines their own case they have to present it. The defense does not, that’s the way our system is set up.

        Television and other media makes it look like the defense is also responsible for finding the truth and making everything just. That’s incorrect. Defense’s role is to keep the overwhelming power of the state, and all the tools at its command, including corrupt police, etc., at bay.

        So is this a stupid argument? Oh hell yeah. But when you can’t pound the facts, pound the table.

    • Fredselfish@lemmy.world
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      1 year ago

      If they get their case dismissed on these grounds we will see Trump followers straight up commit acts of treason and may even go as far as overthrowing some state governments.

      They always point and say "hey I was brainwashed " and point to this trail. Hope judge isn’t that stupid.