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Judge dismisses Nevada fake electors case over lack of jurisdiction
thenevadaindependent.com ^ | June 21, 2024 | Eric Neugeboren

Posted on 06/21/2024 1:13:59 PM PDT by Red Badger

A Clark County judge has dismissed the charges filed against the six Nevada Republicans who submitted an invalid slate of electoral votes for former President Donald Trump in 2020 on the grounds that the county was not the appropriate jurisdiction for the case.

At a Friday morning hearing in Clark County District Court, Judge Mary Kay Holthus said she was unconvinced by state prosecutors’ arguments that Clark County was the appropriate county to hear the case. The electors’ attorneys had argued a more appropriate venue would be in Carson City, where the false signing ceremony took place, or in Douglas County, where the fake elector documents were originally mailed from.

Clark County is more Democratic, meaning a jury could be less favorable to the Republican defendants.

“You have literally, in my opinion, a crime that has occurred in another jurisdiction,” Holthus said. “It’s so appropriately up north and so appropriately not here.”

Immediately after the ruling, Nevada Attorney General Aaron Ford said the “judge got it wrong” and that his office will appeal the ruling to the state Supreme Court.

The state is unable to re-file the case up north because a three-year statute of limitations expired in December.

Maggie McLetchie, a lawyer for one of the defendants, said of the state: “They’re done.”

The ruling marks the first time that a case related to the Trump campaign’s efforts to submit a false slate of electors has been dismissed. Similar prosecutions are taking place in four other swing states — Michigan, Georgia, Arizona and Wisconsin — involved in the Trump campaign’s effort to submit a false slate of electors after he lost the 2020 election to President Joe Biden.

The six defendants — Nevada GOP Chairman Michael McDonald, Republican National Committeeman Jim DeGraffenreid, Clark County GOP Chairman Jesse Law, state party Vice Chair Jim Hindle, Shawn Meehan and Eileen Rice — were each indicted on two counts by a grand jury in December over their role in submitting fake election documents to federal and state election authorities that purported to cast Nevada’s six electoral votes for Trump.

Lawyers with the Nevada Attorney General’s Office had filed the charges in Clark County and argued that it was an appropriate venue for the case. Two defendants conspired and drafted key documents while they were still in Clark County, they alleged, and fraudulent electoral documents were mailed to a federal judge in Las Vegas.

Attorney Richard Wright, who is representing McDonald, said the motion to dismiss the case was supported by a 2021 Nevada Supreme Court ruling involving murders committed in Washoe and Douglas counties. The high court ruled at the time that if a location was only involved in preparatory acts and the formation of intent, it is an insufficient venue for a trial.

In addition, Wright argued that the fraudulent documents were erroneously sent to Miranda Du, the chief judge of the U.S. District Court of Nevada, in Las Vegas despite Du being based in Reno, according to testimony from the court clerk, which Wright said was withheld from the grand jury.

“It temporarily made a pit stop in Las Vegas,” Wright said.

Meanwhile, Matthew Rashbrook, a lawyer with the attorney general’s office, argued that there is no single county that could have complete jurisdiction over the case, to which Holthus responded by saying she disagreed with “100 percent.”

Updated on 6/21/24 at 12:05 p.m. to correct that Ford said the judge got the decision wrong.


TOPICS: Constitution/Conservatism; Crime/Corruption; Politics/Elections; US: Nevada
KEYWORDS: 2020election; nevadaelectors; stolenelection; trump

1 posted on 06/21/2024 1:13:59 PM PDT by Red Badger
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To: Red Badger

Just saying “President Biden” makes me want to puke!


2 posted on 06/21/2024 1:19:59 PM PDT by immadashell (Save Innocent Lives: Ban Gun Free Zones)
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To: Red Badger

AG Ford has been wasting time with this. Plenty of other work for him in the state.


3 posted on 06/21/2024 1:49:45 PM PDT by Reno89519 (Trump Please Build the Wall, And Deport Them All. No amnesty for anyone. End H1B!)
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To: Red Badger

Forum shopping by the prosecution. Carson City and Douglas County are much more conservative than Clark County.


4 posted on 06/21/2024 2:34:44 PM PDT by csn vinnie
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To: Red Badger

What happened to respecting the decision of the court libs???

Is that only when it rules your way?

(Ya. We know.)


5 posted on 06/21/2024 3:36:51 PM PDT by cableguymn
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To: Red Badger; All

The Trump elector votes were valid.

That’s why Pelosi et al created the J6 riot at the Capitol.

So the election coukd be stolen.


6 posted on 06/21/2024 9:02:45 PM PDT by Syncro (God is Good Facts is Facts)
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