Judge Dismisses Nevada Fake Electors Case on Jurisdiction Grounds

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ICARO Media Group
Politics
21/06/2024 19h56

In a significant development, a Clark County judge has dismissed the charges against six Nevada Republicans who submitted an invalid slate of electoral votes for former President Donald Trump in the 2020 election. The dismissal came after Judge Mary Kay Holthus ruled that Clark County was not the appropriate jurisdiction to decide the case.

During a hearing held on Friday morning at Clark County District Court, Judge Holthus expressed her skepticism towards state prosecutors' arguments, stating she was unconvinced that Clark County was the suitable location for the trial. The attorneys representing the electors suggested alternative venues such as Carson City, where the false signing ceremony occurred, or Douglas County, where the fraudulent elector documents were originally mailed from.

One of the factors that influenced the judge's decision was the partisan makeup of Clark County, which leans more Democratic. A jury from this county could potentially be less favorable to the Republican defendants. Judge Holthus remarked, "You have literally, in my opinion, a crime that has occurred in another jurisdiction. It's so appropriately up north and so appropriately not here."

Following the ruling, Attorney General Aaron Ford voiced disagreement, stating that the judge's decision was incorrect. He announced that his office will appeal the ruling to the state Supreme Court.

Notably, this marks the first dismissal of a case connected to the Trump campaign's attempt to submit a false slate of electors. Similar prosecutions are ongoing in four other swing states - Michigan, Georgia, Arizona, and Wisconsin - related to the campaign's efforts to present fraudulent electors following Trump's defeat in the 2020 election to President Joe Biden.

The six defendants, including Nevada GOP Chairman Michael McDonald, Republican National Committeeman Jim DeGraffenreid, and Clark County GOP Chairman Jesse Law, were indicted on two counts by a grand jury back in December for their involvement in submitting fake election documents. These documents falsely claimed Nevada's six electoral votes were cast for Trump.

Prosecutors from the Nevada Attorney General's Office had initially filed the charges in Clark County, contending that it constituted an appropriate venue. They alleged that two defendants had conspired and drafted key documents while still in Clark County, and that fraudulent electoral documents were mailed to a federal judge in Las Vegas.

Richard Wright, attorney for defendant Michael McDonald, pointed to a 2021 Nevada Supreme Court ruling related to murders committed in Washoe and Douglas counties. This ruling emphasized that if a location was only involved in preparatory acts and the formation of intent, it would not suffice as a suitable venue for a trial.

Additionally, Wright revealed that fraudulent documents were mistakenly sent to Chief Judge Miranda Du of the U.S. District Court of Nevada, located in Las Vegas, despite her being based in Reno. This crucial information, as stated by Wright, was withheld from the grand jury.

Assistant Attorney General Matthew Rashbrook argued that no single county could claim complete jurisdiction over the case. Disagreeing "100 percent" with this viewpoint, Judge Holthus ultimately sided with the defense, leading to the dismissal of the case.

While this legal battle is far from over, the ruling highlights the significance of jurisdiction and its impact on the prosecution of complex election-related cases. As the legal proceedings move forward, the outcome of this dismissal may have implications for similar cases in other states.

Updated on June 21, 2024, at 12:05 p.m., to correct the statement that Attorney General Aaron Ford believed the judge made an incorrect decision.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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