A Nevada judge has dismissed the so-called “fake electors” case related to the 2020 presidential election. The case was brought against six Republicans whom prosecutors accused of illegally submitting certificates to Congress certifying former President Donald Trump as the winner of the election.
Judge Mary Kay Holthus, who presides over Clark County District Court in Nevada, threw out the case on Friday. While doing so, she mentioned that the Nevada Attorney General Aaron Ford had chosen the wrong venue for the case. The defendants had allegedly signed and submitted fraudulent documents in a bid to overturn President Biden’s victory in more Republican-heavy regions, including Carson City and Reno in northern Nevada.
Richard Wright, an attorney defending one of the accused, had asserted that Ford had selected a Las Vegas jury rather than one from a more Republican-leaning area. He questioned the jurisdiction of the case, stating that the events mostly occurred elsewhere.
The dismissal of the case also led to the cancellation of the trial, originally slated for January. Charges against the defendants included offering a false instrument for filing and uttering a forged instrument — both felonies carrying potential penalties of four to five years in prison.
Defense attorneys now claim the case is essentially dead. They argue that bringing it to another grand jury would violate a three-year statute of limitations that expired in December. Judge Holthus concurred, stating that even if two of the defendants reside in Las Vegas, all the actions took place in the northern part of the state.
A spokesperson for the Nevada Attorney General’s Office disagreed with the judge’s decision, stating that they would “appeal immediately”. Nevada is not alone in facing such “fake elector” cases related to the 2020 campaign. Other presidential battleground states experiencing similar issues include Arizona, Georgia, Michigan, New Mexico, Pennsylvania, and Wisconsin. As of now, none of these trials will be seen before the 2024 presidential elections.
Judge Mary Kay Holthus has recently attracted national media interest, not only for this case but also because she fell victim to a violent attack earlier in the year. The incident, which quickly went viral, involved a courtroom offender hurling himself directly at the judge during a separate hearing.
The judge was in the process of denying bond to the offender, who proceeded to fly at the judge, landing on her and wrestling her to the ground. Fortunately, the attacker was quickly subdued by several officers present in the courtroom.
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