Former federal prosecutor details what the fake electors are facing in court
MSNBC legal analyst Glenn Kirschner (Screen cap).

President Donald Trump's desperation to overturn the 2020 election involved a plot with people pretending to be electors when they were nothing of the sort.

Lawyers involved with Trump's campaign worked with unelected Republican electors to file paperwork claiming that they had been elected. Because those documents were officially filed with the federal government, they could be on the hook for fraud.

Speaking to MSNBC, former federal prosecutor Glenn Kirschner explained that their excuse that they were just "following orders" won't hold up.

"That's not a lawful defense, and that's the way I interpret that statement," he explained. "As Attorney General [Hector] Balderas just said, the electors have a legal obligation to certify the results accurately. The results of the popular vote, and the first duly authorized slate of electors from all 50 states did that. Then you have something that people sometimes refer to as an 'alternate' slate of electors, but let's call them what they are. It's a fraudulent slate of electors, because they did not certify the popular vote."

He noted that there was another goal of the Trump campaign to submit the paperwork, but once they did, they put the fake electors in "real hot water."

"It appears they committed state crimes and federal crimes, and Michigan Attorney General Dana Nessel said, and I quote, 'This is a crime.' And both Attorney General Nessel and Attorney General Balderas have referred these matters for criminal investigation to the Department of Justice," Kirschner continued. "But I'll say — because these also very likely violate state laws in Michigan, in New Mexico and elsewhere, there's nothing preventing the state authorities from criminally investigating, and if the evidence supports it, indicting these people simultaneously with the federal investigation going on — because these are different sovereigns, different jurisdictions, there are no double jeopardy concerns, and hopefully, if DOJ isn't moving out quickly enough, the states will begin to move out themselves."

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Former federal prosecutor details what the fake electors are facing in court