Fake Trump electors have ‘absolute criminal liability’ and will cooperate to save themselves: MSNBC analyst
Donald Trump AFP Saul Loeb

Fourteen fake Trump electors who were subpoenaed Friday as part of the House's Jan .6 probe are facing "absolute criminal liability," according to one former federal prosecutor.

Daniel Goldman, who served as lead counsel for the House during former president Donald Trump's first impeachment trial, said a House Select Committee's decision to subpoena the fake electors is "unquestionably another significant step in their investigation."

"This was part of a broader conspiracy orchestrated by Rudy Giuliani that involved individuals with the Trump campaign and with the Republican state parties in these battleground states, and it's just getting worse and worse the more we learn about it," Goldman told MSBNC.

Host Nicole Wallace responded by suggesting that Trump — and not Giuliani — bears ultimate responsible for the fake elector scheme.

"Donald Trump is the through line," Wallace said. "The whole thing seems top-down driven. There's no way that seven random states that Trump lost bigly, if you will, came up with 'Let's fake it!'"

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Goldman agreed.

"When I say Rudy Giuliani was orchestrating it, I don't know who came up with the idea, but we know Giuliani was .... at the hub of it," he said. "Whose idea it was, we still don't know. But you're right, there's no question that regardless of whether it was his idea or not — and we can be sure that it was not — Donald Trump adopted this and ran with this and pressed it publicly, privately, on recordings, in every way shape or form. So to the extent that there is a conspiracy to overturn the election, through the use of these fake electors ... to the extent that there was such an illegal conspiracy to defraud the United States, the evidence indicates thus far that Donald Trump was involved in that conspiracy."

Asked whether the fake electors themselves could also face criminal liability, Goldman responded, "Absolutely."

"They were a part of this, particularly the ones who knew that the document they signed was going to be fraudulently certified and sent to Congress," Goldman said. "They knew that was a forgery. They knew that was bogus. ... And so there is absolutely criminal liability, and what I think you will see is, all of these electors running as fast they can to meet with the Department of Justice to cooperate to get themselves out of trouble, and go up the food chain about people who were directing them, and as we know by now, that's how investigations work."

Watch below.

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