VOTE MACHINE TAMPERING: Attorney in downstate election probe sought to move case to Antrim County

Jul. 9—PONTIAC — A Michigan attorney accused, along with others, of illegally obtaining voting machine tabulators after the 2020 presidential election, unsuccessfully sought to move the case to Antrim County, court records show.

Detroit attorney Stefanie Lambert and other supporters of former President Donald Trump are under investigation by Michigan State Police, and previously named by Michigan Attorney General Dana Nessel as being subject to investigation into "a conspiracy to unlawfully obtain access to voting machines used in the 2020 General Election."

Nessel's petition and some court documents refer to Lambert using "Junttila," her previous married name.

Lambert has denied any wrongdoing.

Nessel, on Aug. 5, 2022, petitioned for a special prosecutor; Muskegon County Prosecutor DJ Hilson was appointed Sept. 8, 2022, and has indicated in court filings that prosecutors are examining "multiple crimes" in "multiple counties" and charging decisions may be imminent.

Hilson said Friday he was waiting for a court decision on a legal issue as it relates to a Michigan statute regarding the authority of county and/or township clerks.

"Until then, we're in a holding pattern," Hilson said.

Hilson is tasked with reviewing whether charges are warranted against Lambert and others named in Nessel's petition, including Matthew DePerno, Daire Rendon, Ann Howard, Ben Cotton, Jeff Lenberg, Douglas Logan, James Penrose and Dar Leaf.

DePerno was the Republican candidate for state attorney general. Rendon is a former Republican state representative from Lake City who left office Jan. 1, 2023. Leaf is sheriff of Barry County. Howard is a Southfield attorney. Lenberg, Cotton, Penrose and Logan work, or have worked, in cybersecurity.

Logan, for example, is best known as CEO of Cyber Ninjas, a defunct Florida-based company that conducted a headline-grabbing election audit in Arizona's Maricopa County.

Nessel alleged, in her petition, that DePerno, Lambert and Rendon orchestrated a coordinated plan to gain access to five voting tabulators used in Roscommon, Barry and Missaukee counties, then took the tabulators to hotels or AirBnB's in Oakland County, where Lenberg, Cotton, Penrose and Logan broke into the tabulators and performed "tests" on the equipment.

All of those named have since either declined to comment in media reports or denied any wrongdoing.

"My client has not violated any laws," Lambert's attorney, Michael Smith, said in a text message Friday.

Nessel, in her petition seeking a special prosecutor, had said charges in the case could include conspiracy, using a computer to commit a crime, willfully damaging a voting machine, malicious destruction of property and false pretenses.

Oakland County Circuit Court records show in March, Hilson in a somewhat novel court filing, sought a judge's opinion on whether, under Michigan election law, clerks can hand over election equipment to someone without a court order — and signaled charges might be imminent.

"The police investigation is now sufficiently complete and a charging decision is ready to be made by the charging entity and, therefore, the parties require clarification of the law to determine whether a clerk has the legal authority to permit any person to take possession of voting tabulating machines for any purpose," Hilson said in a court motion.

The question was argued before Oakland County Circuit Court Judge Phyllis C. McMillen, as was Lambert's motion for a change of venue to Antrim County, which McMillen denied.

Smith, on behalf of Lambert, had argued the proper venue for a grand jury or other court action was Antrim County, as it was the location of investigations into election fraud.

"While there was no violation of law by Defendant or others," Smith argued, "Antrim County is the proper venue to hear the Special Prosecutor's motion (where investigations occurred respecting election fraud and expert reports were performed, and where Defendant was co-counsel and the Special Prosecutor's client, AG Nessel, was opposing counsel.)"

Hilson has said in court filings that the People of Michigan, and not the attorney general, are his client.

Antrim County Clerk Sheryl Guy said Friday she checked Antrim County court documents and did not see that Lambert had ever filed an appearance in the county's election-related lawsuit.

That would not, however, preclude any out-of-court work on the case, and previous reporting details how Lambert told Cheboygan officials she worked with DePerno and offered, "pro bono," to have third-party experts examine the county's election equipment.

Cheboygan officials took no action on Lambert's offer, meeting minutes show.

Smith, on Friday, weighed in on Hilson's efforts to seek a judge's clarification on election law and clerks' authority, which remains pending in Oakland County Circuit Court.

"No prosecutor in the state of Michigan has ever had to stop a proceeding to ask the court what the law is and how he should proceed with his case," Smith said in a text message. "It's the prosecutor's job to independently understand the law and Hilson has failed to do his legal research."

Smith said his client intends to sue for malicious prosecution.

In the Antrim County election lawsuit, which has since been dismissed, a county resident, Bill Bailey — represented by DePerno — sued the county Nov. 23, 2020, arguing fraud occurred in Antrim County's handling of the 2020 presidential election.

Guy repeatedly stated that human error by her office resulted in inaccurate results, which were corrected before the vote was certified.

Thirteenth Circuit Court Judge Kevin Elsenheimer presided over the case, signed an order allowing operatives from a Dallas-based firm, Allied Security Operations Group, access to the county's election equipment, and also allowed Michigan Secretary of State Jocelyn Benson, represented by Nessel's office, to intervene as a named defendant.

The state's Bureau of Elections livestreamed a hand recount of ballots, finding no fraud. Elsenheimer ultimately dismissed the case, stating that Bailey did not get to choose his own audit criteria.

Bailey appealed, and a three-judge state Court of Appeals panel, in April 2022, rejected his arguments, stating individual voters do not have the authority to conduct their own election audits — that power rests with the Secretary of State.

Court filings by Hilson and Lambert in an Oakland County Circuit Court refer to a grand jury that was convened in March, reportedly to consider charges in the case.

It was after that grand jury was launched, that Smith on behalf of Lambert, sent letters to Hilson, arguing that Michigan law "allows any person to have possession of voting tabulating machines if the possession was obtained by consent" of a clerk, according to court records.