The U.S. Supreme Court declined to hear an appeal from Clifford James Frost, a Michigan Republican who signed a false document claiming Donald Trump won Michigan’s 2020 presidential vote.
Frost and 15 other GOP “fake electors” face a criminal case brought by Michigan Attorney General Dana Nessel alleging an organized effort to subvert the legitimate election results.
The big picture: Frost’s legal team argued the prosecution was pursued in bad faith, claiming “The AG brought the Michigan Criminal Prosecution with no reasonable expectation of obtaining valid convictions against the Republican Electors.”
- They accused Nessel of retaliation against Republican electors “for their unsuccessful efforts to protest the outcome of the election.”
- Despite the Supreme Court’s refusal to intervene, a Michigan judge recently dismissed charges against Frost and 14 other defendants on grounds that prosecutors lacked sufficient evidence to prove criminal intent.
- State District Judge Kristen Simmons suggested in her ruling that the defendants were likely not “savvy or sophisticated enough” to fully understand the electoral process they allegedly tried to manipulate.
What we’re watching: Michigan’s Attorney General’s office had not decided whether to appeal that dismissal, and it waived the right to respond to the Supreme Court petition.
Zoom out: The Michigan case is part of a broader nationwide legal battle involving “fake electors” who submitted alternate slates claiming Trump’s victory in battleground states despite Biden’s certified wins.
- Similar cases have faced hurdles: Arizona’s was sent back to grand jury review, Georgia’s is complicated by recent court disqualifications of the prosecutor, Nevada’s was dismissed but is under appeal, and federal election subversion charges against Trump were dropped following his reelection.
- Meanwhile, Wisconsin is moving forward with criminal charges against former Trump associates accused of submitting false election paperwork.
Driving the news: Michigan initially charged 16 “fake electors” in 2023, citing “overwhelming evidence of an organized effort to circumvent the lawfully cast ballots of millions.” One defendant was dropped after cooperating with prosecutors.
- The “fake electors” scheme centered on then-Vice President Mike Pence’s refusal on January 6, 2021, to certify alternative Trump electors instead of the official Electoral College votes.
