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{{Short description|Criminal prosecution concerning the Trump fake electors scheme}}
{{Short description|Criminal prosecution concerning the Trump fake electors scheme}}{{Use mdy dates|date=April 2024}}
{{Orphan|date=April 2024}}

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{{Infobox court case
{{Infobox court case
| name = Nevada v. McDonald
| name = Nevada v. McDonald
| court = [[Clark County, Nevada|Clark County]] District Court
| court = [[Nevada District Courts|Nevada District Court]], [[Clark County, Nevada|Clark County]]
| image =
| image = State Seal of Nevada.svg
| imagesize =
| imagesize =
| full name = State of Nevada v. Michael J. McDonald, et al.
| full name = State of Nevada v. Michael J. McDonald, et al.
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'''''State of Nevada v. Michael J. McDonald, et al.''''' is a state criminal prosecution concerning the [[Trump fake electors plot]] in [[Nevada]]. The six defendants are accused of offering a false instrument or record and [[uttering|uttering a forged instrument]] to falsely claim Trump won the state's [[United States Electoral College|electoral votes]] in the [[2020 United States presidential election in Nevada|2020 U.S. presidential election in Nevada]].<ref>{{cite web|url=https://www.washingtonpost.com/politics/2023/12/06/nevada-fake-electors-indictment-trump/ |first1=Amy |last1=Gardner |first2=Yvonne |last2=Wingett Sanchez |newspaper=[[The Washington Post]] |date=December 6, 2023 |title=Pro-Trump electors indicted in Nevada, the third state to issue charges |access-date=April 29, 2024}}</ref><ref>{{cite web|url=https://npr.org/2023/12/06/1217680464/nevada-false-electors-charged |website=[[NPR]] |date=December 6, 2023 |title=6 'fake electors' for Trump are indicted in Nevada |access-date=April 29, 2024}}</ref> Among the accused are Nevada's state GOP chair Michael J. McDonald and Clark County GOP chairman Jesse Law.<ref>{{cite web|url=https://theguardian.com/us-news/2023/dec/06/nevada-electors-fake-charged-election-2020 |first=Rachel |last=Leingang |newspaper=[[The Guardian]] |date=December 6, 2023 |title=Six Nevada Republicans charged with casting fake electoral votes in 2020 |access-date=April 29, 2024}}</ref>
'''''State of Nevada v. Michael J. McDonald, et al.''''' is a state criminal prosecution concerning the [[Trump fake electors plot]] in [[Nevada]]. The six defendants are accused of offering a false instrument for file or record and [[uttering|uttering a forged instrument]] to falsely claim that [[Donald Trump]] won the state's [[United States Electoral College|electoral votes]] in the [[2020 United States presidential election in Nevada|2020 U.S. presidential election in Nevada]].<ref>{{cite web|url=https://www.washingtonpost.com/politics/2023/12/06/nevada-fake-electors-indictment-trump/ |first1=Amy |last1=Gardner |first2=Yvonne |last2=Wingett Sanchez |newspaper=[[The Washington Post]] |date=December 6, 2023 |title=Pro-Trump electors indicted in Nevada, the third state to issue charges |access-date=April 29, 2024}}</ref><ref>{{cite web|url=https://npr.org/2023/12/06/1217680464/nevada-false-electors-charged |website=[[NPR]] |date=December 6, 2023 |title=6 'fake electors' for Trump are indicted in Nevada |access-date=April 29, 2024}}</ref> Among the accused are Michael J. McDonald, the chair of the [[Nevada Republican Party]], and [[Clark County, Nevada|Clark County]] Republican chairman Jesse Law.<ref>{{cite web|url=https://theguardian.com/us-news/2023/dec/06/nevada-electors-fake-charged-election-2020 |first=Rachel |last=Leingang |newspaper=[[The Guardian]] |date=December 6, 2023 |title=Six Nevada Republicans charged with casting fake electoral votes in 2020 |access-date=April 29, 2024}}</ref>


On December 5, 2023, a grand jury issued the indictment.<ref name="Forbes20231206">{{Cite web |last=Durkee |first=Alison |date=December 5, 2023 |title=‘Fake’ Pro-Trump Electors Indicted In Nevada |url=https://www.forbes.com/sites/alisondurkee/2023/12/06/fake-electors-indicted-in-nevada/ |access-date=2024-04-30 |website=Forbes |language=en}}</ref> All six defendants pleaded not guilty, with the case set to go to trial on January 13, 2025.<ref>{{cite web|url=https://apnews.com/article/nevada-republicans-fake-electors-indictment-trump-750c73f864b951c6fc4063be77ffd0a3 |first=Ken |last=Ritter |website=[[The Associated Press]] |date=March 4, 2024 |title=Nevada fake electors won’t stand trial until January 2025 under judge’s new schedule |access-date=April 29, 2024}}</ref> They face between one and five years in prison.<ref name="Forbes20231206"/>
On December 5, 2023, a grand jury issued the indictment.<ref name="Forbes20231206">{{Cite web |last=Durkee |first=Alison |date=December 5, 2023 |title='Fake' Pro-Trump Electors Indicted In Nevada |url=https://www.forbes.com/sites/alisondurkee/2023/12/06/fake-electors-indicted-in-nevada/ |access-date=2024-04-30 |website=Forbes |language=en}}</ref> All six defendants pleaded not guilty; the case is set to go to trial on January 13, 2025.<ref name="2024March4AP">{{cite web|url=https://apnews.com/article/nevada-republicans-fake-electors-indictment-trump-750c73f864b951c6fc4063be77ffd0a3 |first=Ken |last=Ritter |agency=[[The Associated Press]] |date=March 4, 2024 |title=Nevada fake electors won’t stand trial until January 2025 under judge’s new schedule |access-date=April 29, 2024}}</ref> If convicted, they face between one and five years in prison.<ref name="Forbes20231206"/>


== Background ==
== Background ==
{{Main|Trump fake electors plot|Attempts to overturn the 2020 United States presidential election}}
{{Main|Trump fake electors plot|Attempts to overturn the 2020 United States presidential election}}
Democratic nominee [[Joe Biden]] won the state's presidential election in Nevada, defeating Republican nominee [[Donald Trump]] in the popular vote by 33,596 votes, and gaining all of the state's six electoral votes.<ref>{{cite web|url=https://www.reuters.com/world/us/biden-courts-nevada-voters-after-narrow-2020-win-2024-02-04 |website=[[Reuters]] |date=February 4, 2024 |title=Biden courts Nevada voters after narrow 2020 win |access-date=April 29, 2024}}</ref> Trump and his allies, however, refused to accept the election results and launched an ultimately unsuccessful campaign to remain in power via subverting the election results.<ref>{{cite web|url=https://nytimes.com/2024/03/04/us/politics/chesebro-troupis-jan-6-messages.html |first1=Luke |last1=Broadwater |first2=Maggie |last2=Haberman |newspaper=[[The New York Times]] |date=March 4, 2024 |title=Newly Released Messages Detail Roots of the ‘Fake Electors’ Scheme |access-date=April 29, 2024}}</ref>
Democratic nominee [[Joe Biden]] won the [[2020 United States presidential election|2020 presidential election]], and carried the state of Nevada, defeating Republican nominee [[Donald Trump]] in the popular vote by 33,596 votes, and gaining all of the state's six electoral votes.<ref>{{cite web|url=https://www.reuters.com/world/us/biden-courts-nevada-voters-after-narrow-2020-win-2024-02-04 |first=Jarrett |last=Renshaw |website=[[Reuters]] |date=February 4, 2024 |title=Biden courts Nevada voters after narrow 2020 win |access-date=April 29, 2024}}</ref> Trump and his allies, however, refused to accept the election results and launched an ultimately unsuccessful campaign to remain in power via subverting the election results.<ref>{{cite web|url=https://nytimes.com/2024/03/04/us/politics/chesebro-troupis-jan-6-messages.html |first1=Luke |last1=Broadwater |first2=Maggie |last2=Haberman |newspaper=[[The New York Times]] |date=March 4, 2024 |title=Newly Released Messages Detail Roots of the 'Fake Electors' Scheme |access-date=April 29, 2024}}</ref>


In 2022, during the investigation of the [[United States House Select Committee on the January 6 Attack|U.S. House select committee on the January 6 attack]], Nevada GOP chair Michael J. McDonald and Nevada GOP secretary James DeGraffenreid were both subpoenaed on January 28 and deposed on February 24.<ref name="Nobles-2022">{{cite news |last1=Nobles |first1=Ryan |last2=Cohen |first2=Marshall |last3=Cohen |first3=Zachary |last4=Grayer |first4=Annie |date=January 28, 2022 |title=January 6 committee subpoenas individuals tied to fake elector push |url=https://edition.cnn.com/2022/01/28/politics/committee-subpoenas-14-republicans/index.html |access-date=April 30, 2024 |publisher=CNN}}</ref><ref name="USHR-2022">{{cite news |date=January 28, 2022 |title=Select Committee subpoenas "alternate electors" from seven states |url=https://january6th.house.gov/news/press-releases/select-committee-subpoenas-alternate-electors-seven-states |archive-url=https://www.webharvest.gov/congress117th/20221224234355/https://january6th.house.gov/news/press-releases/select-committee-subpoenas-alternate-electors-seven-states |archive-date=December 24, 2022 |access-date=April 30, 2024 |work=webharvest.gov archive of january6th.house.gov |publisher=January 6 Committee}}</ref>
In 2022, during the investigation of the [[United States House Select Committee on the January 6 Attack|U.S. House select committee on the January 6 attack]], Nevada GOP chair Michael J. McDonald and Nevada GOP secretary James DeGraffenreid were both subpoenaed on January 28 and deposed on February 24.<ref name="Nobles-2022">{{cite news |last1=Nobles |first1=Ryan |last2=Cohen |first2=Marshall |last3=Cohen |first3=Zachary |last4=Grayer |first4=Annie |date=January 28, 2022 |title=January 6 committee subpoenas individuals tied to fake elector push |url=https://edition.cnn.com/2022/01/28/politics/committee-subpoenas-14-republicans/index.html |access-date=April 30, 2024 |publisher=CNN}}</ref><ref name="USHR-2022">{{cite news |date=January 28, 2022 |title=Select Committee subpoenas "alternate electors" from seven states |url=https://january6th.house.gov/news/press-releases/select-committee-subpoenas-alternate-electors-seven-states |archive-url=https://www.webharvest.gov/congress117th/20221224234355/https://january6th.house.gov/news/press-releases/select-committee-subpoenas-alternate-electors-seven-states |archive-date=December 24, 2022 |access-date=April 30, 2024 |work=webharvest.gov archive of january6th.house.gov |publisher=January 6 Committee}}</ref>


In May 2023, Nevada Attorney General [[Aaron D. Ford|Aaron Ford]] testified that the fake electors would likely not be charged as he did not believe they had violated any specific law. However, he was later reported to be investigating the fake elector scheme.<ref name="Forbes20231206" />
In May 2023, Nevada Attorney General [[Aaron D. Ford|Aaron Ford]] testified that the fake electors would likely not be charged as he did not believe they had violated any specific law. However, in November 2023, it was reported that Ford was actively investigating individuals who had acted as fake electors.<ref>{{cite web|url=https://politico.com/news/2023/11/15/nevada-false-electors-trump-investigation-00127369 |first=Betsy |last=Woodruff Swan |website=[[Politico]] |date=November 15, 2023 |title=Nevada attorney general is investigating false electors who aided Trump in 2020 |access-date=April 30, 2024}}</ref>


== Indictment ==
On December 5, 2023, a grand jury issued an indictment. Had it not done so, the three-year statute of limitations would have expired a week later on December 14.<ref name="Forbes20231206" />
On December 5, 2023, a Nevada grand jury in the District Court for Clark County issued an indictment charging six Nevada Republicans. The indictment stems from the sending of a document falsely ascertaining that Trump had won the state. Each of the six defendants was charged with two felony counts:<ref>{{cite web|url=https://nbcnews.com/politics/donald-trump/nevada-grand-jury-indicts-fake-electors-backed-trump-2020-rcna128409 |first=Natasha |last=Korecki |website=[[NBC News]] |date=December 6, 2023 |title=Nevada grand jury indicts 'fake electors' who backed Trump in 2020 |access-date=April 30, 2024}}</ref>


* '''Offering false instrument for file or record''': Defendants "knowingly procured" and offered a false instrument to be "filed, registered, or recorded in a public office"
* '''Uttering forged instruments''': Defendants, with intent to "defraud, [[Uttering|uttered]], offered, and disposed", falsely put off an instrument as true
Nevada was the third state to bring charges in the fake elector scheme, after [[Georgia election racketeering prosecution|Georgia]] and [[Michigan prosecution of fake electors|Michigan]]. [[Arizona prosecution of fake electors|Arizona]] later became the fourth state to bring charges.<ref>{{Cite web |last=Brangham |first=William |last2=Schmitz |first2=Ali |date=2023-12-07 |title=Nevada charges pro-Trump fake electors accused of attempting to overturn 2020 election |url=https://www.pbs.org/newshour/show/nevada-charges-pro-trump-fake-electors-accused-of-attempting-to-overturn-2020-election |access-date=2024-04-30 |website=PBS NewsHour |language=en-us}}</ref>
Nevada was the third state to bring charges in the fake elector scheme, after [[Georgia election racketeering prosecution|Georgia]] and [[Michigan prosecution of fake electors|Michigan]]. [[Arizona prosecution of fake electors|Arizona]] later became the fourth state to bring charges.<ref>{{Cite web |last=Brangham |first=William |last2=Schmitz |first2=Ali |date=2023-12-07 |title=Nevada charges pro-Trump fake electors accused of attempting to overturn 2020 election |url=https://www.pbs.org/newshour/show/nevada-charges-pro-trump-fake-electors-accused-of-attempting-to-overturn-2020-election |access-date=2024-04-30 |website=PBS NewsHour |language=en-us}}</ref>

=== Defendants ===
* Michael J. McDonald, [[Nevada Republican Party]] chairman
* James DeGraffenreid, Nevada [[Republican National Committee|Republican national committeeman]]
* Jesse Law, [[Clark County, Nevada|Clark County]] Republican Party chairman
* James Hindle III, [[Storey County, Nevada|Storey County]] clerk
* Shawn Meehan, Nevada Republican who acted as Chairman of the Resolutions
* Eileen Rice, Nevada Republican elector

== Pre-trial proceedings ==
The six defendants were arraigned on December 16, 2023; all pleaded not guilty.<ref>{{cite web|url=https://cnn.com/2023/12/18/politics/nevada-fake-electors/index.html |first=Marshall |last=Cohen |date=December 18, 2023 |website=[[CNN]] |title=Nevada fake electors plead not guilty to state charges; trial set for March |access-date=April 30, 2024}}</ref> Judge Mary Kay Holthus set the trial for March 11, 2024. This was later moved to January 13, 2025.<ref name="2024March4AP" />


== References ==
== References ==
{{reflist}}
{{reflist}}

==External links==
*[https://www.documentcloud.org/documents/24193806-nevada-fake-electors-indictment Indictment]


[[Category:2024 in Nevada]]
[[Category:2024 in Nevada]]

Latest revision as of 03:30, 11 May 2024

Nevada v. McDonald
CourtNevada District Court, Clark County
Full case nameState of Nevada v. Michael J. McDonald, et al.
Docket nos.C-23-379122-4[1]
Charge
  • Uttering
  • Offering a false instrument for filing or record
Court membership
Judge sittingMary Kay Holthus

State of Nevada v. Michael J. McDonald, et al. is a state criminal prosecution concerning the Trump fake electors plot in Nevada. The six defendants are accused of offering a false instrument for file or record and uttering a forged instrument to falsely claim that Donald Trump won the state's electoral votes in the 2020 U.S. presidential election in Nevada.[2][3] Among the accused are Michael J. McDonald, the chair of the Nevada Republican Party, and Clark County Republican chairman Jesse Law.[4]

On December 5, 2023, a grand jury issued the indictment.[5] All six defendants pleaded not guilty; the case is set to go to trial on January 13, 2025.[6] If convicted, they face between one and five years in prison.[5]

Background[edit]

Democratic nominee Joe Biden won the 2020 presidential election, and carried the state of Nevada, defeating Republican nominee Donald Trump in the popular vote by 33,596 votes, and gaining all of the state's six electoral votes.[7] Trump and his allies, however, refused to accept the election results and launched an ultimately unsuccessful campaign to remain in power via subverting the election results.[8]

In 2022, during the investigation of the U.S. House select committee on the January 6 attack, Nevada GOP chair Michael J. McDonald and Nevada GOP secretary James DeGraffenreid were both subpoenaed on January 28 and deposed on February 24.[9][10]

In May 2023, Nevada Attorney General Aaron Ford testified that the fake electors would likely not be charged as he did not believe they had violated any specific law. However, in November 2023, it was reported that Ford was actively investigating individuals who had acted as fake electors.[11]

Indictment[edit]

On December 5, 2023, a Nevada grand jury in the District Court for Clark County issued an indictment charging six Nevada Republicans. The indictment stems from the sending of a document falsely ascertaining that Trump had won the state. Each of the six defendants was charged with two felony counts:[12]

  • Offering false instrument for file or record: Defendants "knowingly procured" and offered a false instrument to be "filed, registered, or recorded in a public office"
  • Uttering forged instruments: Defendants, with intent to "defraud, uttered, offered, and disposed", falsely put off an instrument as true

Nevada was the third state to bring charges in the fake elector scheme, after Georgia and Michigan. Arizona later became the fourth state to bring charges.[13]

Defendants[edit]

Pre-trial proceedings[edit]

The six defendants were arraigned on December 16, 2023; all pleaded not guilty.[14] Judge Mary Kay Holthus set the trial for March 11, 2024. This was later moved to January 13, 2025.[6]

References[edit]

  1. ^ "indictment - Attorney General - State of Nevada" (PDF). December 6, 2023. Retrieved April 29, 2024.
  2. ^ Gardner, Amy; Wingett Sanchez, Yvonne (December 6, 2023). "Pro-Trump electors indicted in Nevada, the third state to issue charges". The Washington Post. Retrieved April 29, 2024.
  3. ^ "6 'fake electors' for Trump are indicted in Nevada". NPR. December 6, 2023. Retrieved April 29, 2024.
  4. ^ Leingang, Rachel (December 6, 2023). "Six Nevada Republicans charged with casting fake electoral votes in 2020". The Guardian. Retrieved April 29, 2024.
  5. ^ a b Durkee, Alison (December 5, 2023). "'Fake' Pro-Trump Electors Indicted In Nevada". Forbes. Retrieved April 30, 2024.
  6. ^ a b Ritter, Ken (March 4, 2024). "Nevada fake electors won't stand trial until January 2025 under judge's new schedule". The Associated Press. Retrieved April 29, 2024.
  7. ^ Renshaw, Jarrett (February 4, 2024). "Biden courts Nevada voters after narrow 2020 win". Reuters. Retrieved April 29, 2024.
  8. ^ Broadwater, Luke; Haberman, Maggie (March 4, 2024). "Newly Released Messages Detail Roots of the 'Fake Electors' Scheme". The New York Times. Retrieved April 29, 2024.
  9. ^ Nobles, Ryan; Cohen, Marshall; Cohen, Zachary; Grayer, Annie (January 28, 2022). "January 6 committee subpoenas individuals tied to fake elector push". CNN. Retrieved April 30, 2024.
  10. ^ "Select Committee subpoenas "alternate electors" from seven states". webharvest.gov archive of january6th.house.gov. January 6 Committee. January 28, 2022. Archived from the original on December 24, 2022. Retrieved April 30, 2024.
  11. ^ Woodruff Swan, Betsy (November 15, 2023). "Nevada attorney general is investigating false electors who aided Trump in 2020". Politico. Retrieved April 30, 2024.
  12. ^ Korecki, Natasha (December 6, 2023). "Nevada grand jury indicts 'fake electors' who backed Trump in 2020". NBC News. Retrieved April 30, 2024.
  13. ^ Brangham, William; Schmitz, Ali (December 7, 2023). "Nevada charges pro-Trump fake electors accused of attempting to overturn 2020 election". PBS NewsHour. Retrieved April 30, 2024.
  14. ^ Cohen, Marshall (December 18, 2023). "Nevada fake electors plead not guilty to state charges; trial set for March". CNN. Retrieved April 30, 2024.

External links[edit]

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