Preliminary dates for fake electors pushed back for lawyers to sift through evidence

Preliminary examinations have been pushed back for a series of defendants in the Michigan fake elector case, as attorneys have asked for more time to sift through an "overwhelming" amount of evidence.

Six individuals charged in the fake elector case — Kathleen Berden, Michele Lundgren, Amy Facchinello, Meshawn Maddock, Mari-Ann Henry and Ken Thompson — had preliminary examinations scheduled for Thursday in 54A District Court in Ingham County. But Judge Kristen Simmons signed off on pushing the exams back to Dec. 13-14. One defense attorney said additional time was needed to prepare for the exams, where Simmons will decide whether there is enough evidence to send the individuals to a jury trial.

"The volume of discovery is overwhelming," said Duane Silverthorn, a public defense attorney representing Lundgren. “... All parties, including the attorney general, would agree that is the most efficient way to handle it.”

The group has been charged after attempting to submit a false slate of Michigan's electoral votes to Congress for former President Donald Trump after the 2020 election, which was won in Michigan and nationally by now-President Joe Biden. All told, 16 individuals face felony charges, including forgery-related charges each punishable by up to 14 years in prison and election law forgery charges each punishable by up to five years in prison.

Neither Thompson, of Orleans, nor his attorney David Gilbert appeared for the hearing scheduled Thursday. Simmons said this would be grounds for a bench warrant to be filed. A bench warrant would permit law enforcement to arrest an individual for not appearing for a scheduled court hearing, according to the Lewis and Dickstein law firm.

Attempts to reach Gilbert and Thompson were unsuccessful.

Last week, Simmons denied a pair of motions from Henry and fellow co-defendant Clifford Frost to have their cases dismissed over comments made by Michigan Attorney General Dana Nessel. CNN posted a video of Nessel, speaking to a liberal group during a Zoom meeting, remarking that the group of fake electors were "brainwashed" into thinking Trump rightfully won the 2020 election, and therefore would not plead guilty to the charges.

Defense attorneys argued the "brainwashed" remark was grounds to have the case dismissed, but Simmons said the cases still needed to proceed to preliminary exams so evidence could be submitted and denied the motions.

Facchinello's attorney, Paul Stablein, asked for his client's case to be moved to federal court last month. That request still remains in front of U.S. District Judge Robert Jonker.

Preliminary exam dates for others charged are currently scheduled for Nov. 2. All 16 individuals charged in the fake elector case have pleaded not guilty to all counts.

Contact Arpan Lobo: alobo@freepress.com. Follow him on X (Twitter) @arpanlobo.

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This article originally appeared on Detroit Free Press: Preliminary examination dates pushed back for Michigan fake electors