In a move likely to chill future legal challenges to elections, Nevada recently became the third state to charge Trump electors with trying to overturn the 2020 election. This follows a similar move by Georgia and Michigan, and sets the stage for Arizona AG Kris Mayes to do the same. At the center of Mayes’ ongoing investigation is a claim that former Trump campaign attorney Kenneth Chesebro attempted to overturn Arizona’s election results. Mayes, a Democrat, has kept details close to the vest, repeatedly advising that she needs more time than other states because of her short time in office.
The guilty verdicts won in the other states appear to be politically motivated—the charges were filed by Democrat prosecutors in heavily Democrat districts and decided by Democrat judges. Chesebro pleaded guilty to conspiracy to file false documents in Georgia in exchange for acting as a state’s witness against other defendants. He agreed to meet with prosecutors from Mayes’ office on Monday, December 11, 2023.
Chesboro and others convicted may be able to challenge the convictions in the Supreme Court given the lack of constitutional prohibitions against “faithless” electors – electors choosing someone other than the election winner. It’s a ruling that likely falls under the 10th Amendment – sometimes called the “States Rights” Amendment – advising that any law not clearly stated as belonging to the Federal government reverts to the state. It remains unclear whether the defendants will pursue such challenges with SCOTUS.
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