Six Michigan fake electors appeared in court on Wednesday for preliminary examinations to determine whether criminal cases against the members should continue, the first test to Attorney General Dana Nessel's case.
The Michigan Republicans who signed a fake certificate certifying that Donald Trump won the state's 2020 election are expected to undergo preliminary exams until Thursday, during which Judge Kristen Simmons will determine whether Nessel has established that there is probable cause that members of the state GOP committed crimes.
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The six Republicans who appeared in court were former Michigan Republican Party Co-Chairwoman Meshawn Maddock, Republican National Committeewoman Kathy Berden, Amy Facchinello, John Haggard, Mari-Ann Henry, and Michele Lundgren. They have argued that they acted as directed by Republican leaders and did not intend to commit elector fraud — an element required for Nessel's prosecutors to establish probable cause.
Nessel announced charges against all 16 Republican electors who signed the certificate, claiming to cast 16 electoral votes for Trump, in July. The individuals were charged initially with eight felony counts each, including forgery, conspiracy to commit forgery, and election law forgery. Some of the charges carry jail sentences of 14 years and/or a $10,000 fine.
"There was no legitimate legal avenue or plausible use of such a document or an alternative slate of electors," the Michigan attorney general said over the summer. "There was only the desperate effort of these defendants, who we have charged with deliberately attempting to interfere with and overturn our free and fair election process, and along with it, the will of millions of Michigan voters."
Nessel said at an event in September that she thinks the fake electors were brainwashed and "still think they're right."
As part of a cooperation deal with the attorney general's office, Nessel dropped all charges against Jim Renner for his "complete and truthful testimony whenever called upon." Officials said at the time that they hoped it would get Renner to describe the events of Dec. 14, 2020, in greater detail, as the deal would be void if he does not cooperate.
During Wednesday's court hearing, Simmons ordered that Aaron Van Langevelde, a former Board of State Canvassers member now working for Nessel, leave the courtroom. Defense attorneys for the fake electors said Van Langevelde could eventually be called as a witness, as he cast the deciding vote to certify the 2020 election for now-President Joe Biden.
Simmons agreed with the defense and ordered Van Langevelde to be sequestered, meaning that he needed to leave the room so he could not hear remarks from the witnesses.
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"I do think that it’s important to place on the record that they are creating quite the conflict," defense attorney Mary Chartier said in court via the Detroit News.
However, Assistant Attorney General LaDonna Logan said there is "no conflict because this document speaks for itself." She had been questioning Jonathan Brater, Michigan's elections director, at the time when the defense raised concerns with Van Langevelde.