Nessel reopens criminal probe of GOP 'fake electors' after no word from feds

Michigan Attorney General Dana Nessel announced Friday her decision to reopen a criminal investigation into a group of Republicans who she says inappropriately attempted to award the state's electoral votes to ex-President Donald Trump following the 2020 presidential contest.

The decision is a reversal — Nessel previously said she had enough evidence to charge the so-called "fake electors," but instead wanted federal authorities to pursue a broader probe. But Friday, during a news media call with the Democratic Attorneys General Association, she appeared to show she'd lost her patience with federal prosecutors.

"Quite candidly, yes, we are reopening our investigation, because I don't know what the federal government plans to do," Nessel said.

"Perhaps they are going to move forward, and I hope that they do. But I think that it is important that ... a couple years later, that there be some accountability. Let's be clear about what this was: It was an effort to overturn a lawful election. And I think that that type of activity can't go without any consequences."

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The fact Nessel announced her decision on the two-year anniversary of the Jan. 6 attack on the U.S. Capitol is not an accident. She has repeatedly argued the effort of the so-called "fake electors" in late 2020 was part of a much broader scheme to overturn President Joe Biden's lawful victory.

In the midst of swirling conspiracies following the 2020 presidential election, some Trump supporters in Michigan and elsewhere attempted to offer alternative slates of electoral delegates. The Trump campaign and others falsely suggested Michigan could lawfully proffer a separate, GOP slate of delegates and Congress could accept those delegates, despite President Joe Biden winning Michigan by more than 154,000 votes.

That led to 16 Trump supporters signing a document indicating they were legitimate Electoral College delegates for Michigan and sending it to the office of Vice President Mike Pence, the Michigan Secretary of State, the National Archivist and the chief judge of the western district of Michigan.

In January 2022, Nessel confirmed she was investigating these 16 people for possible election fraud, forgery or other charges. But at the time, she said it made more sense to refer all the evidence she had to federal authorities.

"Seemingly there's a conspiracy that occurred between multiple states. So if what your ultimate goal is, is not just to prosecute these 16 individuals, but to find out who put them up to this, is this part of a bigger conspiracy at play in order to undermine the legitimate results of the 2020 presidential election, not just in Michigan but nationally? ... It creates jurisdictional issues," Nessel said last year.

"I feel confident we have enough evidence to charge if we decide to pursue that. Again, I want to make it clear, I haven't ruled it out. But for all the reasons I stated, I think that it's a better idea for the feds to pursue this."

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It's unclear when exactly she reopened the case. At one point during the call she seemed to indicate it was already opened, but later said she would reopen it. A spokesperson with Nessel's office confirmed the investigation is open again but declined further comment.

In a statement, a spokesperson for the Michigan Republican Party blasted Nessel's decision.

"Once again Dana Nessel has proven that she is both incompetent and incapable at performing her job on the taxpayer dime," said Elizabeth Stoddart, MIGOP communications director.

"Michiganders deserve better than a law enforcement official who is using taxpayer dollars to perpetually persecute her political enemies as opposed to prosecuting criminals and making Michigan a safer place to live."

During the call Friday, Nessel said she thought additional information released publicly by the U.S. House committee that investigated the Jan. 6 attack showed again why charges were needed. Multiple fake electors were subpoenaed by the committee, as was former Michigan Republican Party Chair Laura Cox.

The fact this information didn't prompt federal action — at least yet — makes her nervous.

"I'll be blunt about it: yes, I'm a little worried that over a year has passed," Nessel said, referencing when she sent her evidence to federal prosecutors.

"I thought there was already a substantial amount of evidence in that case, but now there is just clear evidence to support charges against those 16 false electors, at least in our state."

Nessel said she expects her investigation could run in parallel to any federal inquiry that may or may not be underway.

In September, Nessel told the Detroit Free Press editorial board she had hoped the feds would have "worked a little quicker" but thought there was a chance some charges could come before the midterm election. Pushed for more details, she declined to provide additional information at the time.

"I will say this, I don't think that anyone should feel secure in the notion that they can violate our election laws and have there be no accountability," she said.

More:Fake GOP electors from Michigan refused to answer Jan. 6 committee questions

More:Michigan fake GOP Electoral College delegates subpoenaed by Jan. 6 committee

The 16 "fake electors" who signed the document are:

• Meshawn Maddock, current Michigan Republican Party co-chair

• Kathy Berden

• Mayra Rodriguez

• Rose Rook

• Hank Choate

• Mari-Ann Henry

• John Haggard

• Stan Grot

• Clifford Frost

• Kent Vanderwood

• Marian Sheridan

• James Renner

• Timothy King

• Michelle Lundgren

• Amy Facchinello

• Ken Thompson

Contact Dave Boucher: dboucher@freepress.com

This article originally appeared on Detroit Free Press: AG Dana Nessel reopens criminal probe of GOP 'fake electors'