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Michigan Attorney General Dana Nessel Charges Michigan’s Fake Trump Electors

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The whole time that DC journalists were focused on Fani Willis’s Georgia fake electors investigation and — more recently — Arizona, I was laughing because I knew prosecutors in Michigan were working away quietly.

Today, Attorney General Dana Nessel charged Trump’s 16 fake electors with 8 felonies apiece.

They include very senior Republicans, including former GOP Chair, Meshawn Maddock, and close Ronna McDaniel associate Kathy Berden.

As I noted in March, one thing horse race considerations always forgot is that very senior Republicans in at least three swing states risked charges themselves. They risked charges — and Trump attorney Kenneth Chesbro knew they did, because he wrote that down in a December memo.

Several States also had rules requiring electors to cast their votes inthe State capitol building, or rules governing the process for approving substitutes if any original proposed electors from the November ballot wereunavailable. As a result, Chesebro’s December 9, 2020, memo advised the Trump Campaign to abide by such rules, when possible, but also recognizedthat these slates could be “slightly problematic in Michigan,” “somewhat dicey in Georgia and Pennsylvania,” and “very problematic in Nevada.”18

In the case of Michigan’s electors, Michigan law requires electors sign their paperwork in the Capitol. Instead, Trump’s fake electors did that in the basement of their own party headquarters.

These defendants are alleged to have met covertly in the basement of the Michigan Republican Party headquarters on December 14th, and signed their names to multiple certificates stating they were the “duly elected and qualified electors for President and Vice President of the United States of America for the State of Michigan.” These false documents were then transmitted to the United States Senate and National Archives in a coordinated effort to award the state’s electoral votes to the candidate of their choosing, in place of the candidates actually elected by the people of Michigan.

As I said in March, no one can predict how the party will respond if Trump’s recklessness starts getting other senior Republicans charged.

We’re about to find out.

Update: Here’s the affidavit behind the charges.

Michigan’s Fake Electors’ Transcripts Limn Black Holes into January 6

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[NB: check the byline, thanks. /~Rayne]

Back in January this year I looked at Michigan’s fake electors who signed a false certification of election claiming Trump won in November 2020.

All of the signatories were key members of the Michigan GOP. Two in particular were subpoenaed by the House January 6 Committee for documents and testimony: Kathy Berden, who at the time was MIGOP’s national committee person to the Republican National Committee, and Mayra Rodriguez, then MIGOP’s 14th District chair for Grosse Pointe Farms.

Among the documents the J6 Committee released earlier this week were the transcripts for these two individuals’ testimony.

Rodriguez took the Fifth Amendment more than 20 times, refusing to answer questions put to her.

Berden pled the Fifth Amendment more than 70 times.

While pleading the Fifth Amendment means only that one does not wish to incriminate themselves, refusing to provide answers in any way related to rather simple questions which might be answered by others or by other evidence can only cast doubt on one’s credibility.

The number of times each witness pled the Fifth may not be indicative of a specific problem with one witness over the other, but one might wonder if Rodriguez’s earlier testimony affected questioning of Berden a few weeks later.

The transcript for Rodriguez’s testimony was 31 pages. Berden’s testimony came in at 28 pages.

Pleading the Fifth more often may have shortened the volume of material transcribed for Berden.

Here’s a comparison of the two MIGOP fake electors’ testimony — limited to and focusing on one question in particular — which may hint at directions in which the J6 Committee was headed.

Witness: Mayra Rodriguez

Witness: Kathy Berden

Subpoenaed January 28, 2022

Subpoenaed January 28, 2022

Testified February 22, 2022 – total 28 pages

Testified March 11, 2022 – total 31 pages

Question regarding compliance with subpoena for documents –

Q: Okay. So did you search for documents? Did you look in your email, for example, for any documents that are responsive to the select committee’s subpoena?

A: Yes. I looked through my emails. I couldn’t find anything.

Q: Okay. And did you look through text messages that you may have had to look for documents responsive to the subpoena?

A: I would not have received a text. So did not look through my texts.

Q: Okay. Not even a text about, like, planning or organizing or showing up at a certain date or time?

A: I don’t believe that I received a text.

Q: Okay. What about saved documents, hard copy documents, if you had any, did you look for those?

A: Yeah. I received nothing.

Question regarding compliance with subpoena for documents –

Q: Okay. Part of the subpoena asks you to produce documents to the select committee that were responsive to a schedule, a number of requests that accompanied the subpoena. Did you search for documents or provide documents to your attorneys to search and produce to the select committee?

A: Yes.

Q: Okay. And did that include documents, if any, that would’ve come from your email accounts?

A: Yes.

Q: All right. I understand you have an email account that involves your name as well as [email protected]. Was that one of the email accounts you provided your attorneys with access or searched for responsive documents?

A: Yes.

Q: Okay. And I understand you have a phone number ending in [redacted]?

A: I do.

Q: Okay.

A: I’m sorry.

Q: Did you — that’s quite all right. Nope. Thank you, Ms. Berden.

Did you look at the phone that uses that number for any responsive documents or messages to provide to the select committee?

A: Hmmm?

Mr. Columbo: May we take a moment for just a second, [redacted]

[redacted] Yes, of course.

Mr. Columbo: Ms. Berden is about to explain that, you know, we conducted a forensic examination on her behalf. So you can go ahead, but, you know, you’re getting into maybe things that are technical that happened with her permission and on her behalf.

BY [REDACTED]

Q: Okay. Understood. Was the phone that uses that phone number, did you provide that or allow this examination that Mr. Columbo just mentioned?

A: Yes.

Q: Okay. Very well. And how about any hard copy documents? Did you review or look for any hard copy documents that you may have that could be responsive to the select committee’s subpoena?

A: I can’t think of what a hard copy is.

Mr. Columbo: Thing like papers.

The Witness: Oh, I — yes.

Mr. Columbo: I guess, do you want to ask for clarification?

The Witness: Clarification, please.

[redacted] Yeah, of course.

Mr. Columbo: She wants to know what you meant by hard copy.

BY [REDACTED]

Q: Yeah, sure. I guess, I’ll — the best way to do this would be by providing an example. So we’re going to be talking about several electoral college vote certificates that you signed. I imagine a hard copy of that, of actual paper, physical copy exists somewhere in the world. So did you look to see whether you had any physical copies of documents or physical documents that would be responsive to the select committee’s subpoena?

A: I provided whatever they asked.

Q: Okay. Excellent. And we did receive one audio voicemail and one image of an address label from your attorneys, and I’ll plan to go over those with you today.

There are two things in this brief partial comparison which stand out to me.

— Rodriguez was direct and concise; she is an attorney, which may have helped her form her responses. She was interviewed before Berden, which may have shaped Berden’s later interview, but not by much.

— Berden was far from direct and concise; it’s not clear if she was deliberately waffling or if she was truly as unclear about the nature of the materials the subpoena requested. The format of the hearing over Webex may have contributed to the sense she wasn’t responding directly. A lack of instruction and guidance by her attorney may have been another factor, as it makes no sense she did not understand what she was supposed have furnished since the attorney’s office did the forensic examination of her devices and other materials for her.

— Rodriguez was asked about Berden specifically, where Berden was asked about Rodriguez in the aggregate along with other electors (transcript p. 10, 18). Rodriguez didn’t take the Fifth in relation to questions asked about Berden, but did plead the Fifth about other persons.

The big takeaway for me from these transcripts was an email address. Rodriguez wasn’t asked about a specific email address, understandably since she wasn’t the MIGOP’s national committee woman.

However, Berden had an [email protected] account based on the inquiry by the committee.

Why was Berden using a Gmail address instead of an RNC.com domain email address?

~ ~ ~

One other topic which caught my eye was the difference in communications. Some of this difference could be related to their different roles in the MIGOP, could also be related to age and expectations of how they communicate, or it could reflect a difference in what investigators already knew about communications within the conspiracy and these fake electors.

The investigators asked Rodriguez about text messages.

Q: Okay. And did you look through text messages that you may have had to look for documents responsive to the subpoena?

A: I would not have received a text. So I did not look through my texts.

Q: Okay. Not even a text about, like, planning or organizing or showing up at a certain date or time?

A: I don’t believe that I received a text.

Q: Okay. What about saved documents, hard copy documents, if you had any, did you look for those?

A: Yeah. I received nothing.

Q: All right. And as we go through this, I’ll ask you certain planning or organizing that happened. And if you do think of anything, like you have an email or a text message that you can recall as we’re going through this, I would just ask that you let us know about that. And then we can work with Mr. Blake to get any responsive documents that you end up having.

And I would ask, to the extent that you haven’t already looked through your text messages for any responsive documents, that you do so there as well.

The certainty with which Rodriguez answers is odd and interesting since the investigators asked Berden about all documents but not about text messages in the way they did Rodriguez.

Further, there’s an immaculate handoff of the fake election certificate.

Investigators didn’t nail down in her deposition how Rodriguez was notified and by whom that a fake slate of electors would sign a fake certification. She had nothing in her documents, nothing by text. She doesn’t need plead the Fifth about how she came to be involved; she only pleads when it comes to the reason she was supposed to participate. She doesn’t know any key persons and doesn’t have to take the Fifth as to whether she knows them, but she was still somehow in the loop to participate in the fake slate.

Rodriguez knows there are no-shows for the fake elector slate, but knows nothing of why — we don’t learn from her why two intended electors including the former secretary of state Terri Lynn Land aren’t part of the fake slate. She does plead the Fifth when it comes to who arranged for their replacements though she knows nothing of who organized the December 14 meeting place and time for the meeting of fake electors.

Rodriguez pled the Fifth when asked if she had “any paperwork that you brought with you, namely electoral college vote certificates or affidavits?” The implication is that she has papers at this point, but she had nothing responsive later to the committee’s subpoena whether hard copy or digital.

Again, this is an implication since she refused to confirm this, but it looks as if Rodriguez had documents at the signing on December 14. Was her problem with this question that she doesn’t want to reveal she had them on arrival, or that she received them from others for her signature that day, or something else?

On page 14 Rodriguez says she didn’t “didn’t speak with anyone from out of state.” Yet on page 15 she says she was told to leave her phone in her car on December 14, she says when asked who instructed her, “It would have been a MIGOP staff member.” She volunteers the name Tony Zammit when asked which MIGOP staffer it might have been. This person may have been MIGOP’s Communications Director at the time. (Their identity needs to be solidified because there is a Tony Zammit who ran for a Wisconsin state assembly seat in 2016.)*

Rodriguez then takes the Fifth when asked if Zammit had the documents for the fake electors’ certification.

Okay, then.

There was a consciousness about phones in relation to the day the electors both fake and genuine signed their respective fake and real certification of election. As indicated above, Rodriguez had to leave her phone in the car.

Berden, however, isn’t asked about her phone’s location on December 14. She’s asked instead about a photograph of a mailing address which was found on her phone, produced and submitted to the committee the day before her testimony; Berden takes the Fifth as to why she took the photo.

The context of this question about the photo followed questions about the fake certification mailed to the National Archivist with Berden’s mailing address on it. She’d taken the Fifth about that as well.

Berden’s memory goes fuzzy about a voicemail she received from her sister-in-law who’d called to say, “I have a couple that’s very interested in going to the meeting in Washington, D.C, on January 6th.” She doesn’t recall what that was about but she recalls she didn’t “didn’t answer — re-answer her phone message.” And of course she takes the Fifth as to whether she knew about anything going on in D.C. on January 6.

Berden’s attorney mentions the investigators have the information as to when Berden received that call from her sister-in-law because they’d furnished metadata to the committee “via the electronic vendor.”

It felt like Berden’s attorney was trying to dig his client out of a hole at that point. It was pretty deep after she knew so little, pled the Fifth so much, with the little nits like the voicemail and photo proving she knew far more.

~ ~ ~

In spite of the immaculate handoff and all the stringent avoidance of self incrimination, these two witnesses and likely targets did offer up some details about the conspiracy, while the transcript gives us a peek at a bread crumb trail to find and follow the documents.

Does an [email protected] account explain consistencies and inconsistencies between the states which attempted to field fake electors, and why there are few responsive documents in hard or digital copy?

Does the same [email protected] account suggest communications between conspirators may have been conducted through foldering in a shared account?

Did the MIGOP’s office itself play a larger role — in other words this was not a rogue program run by crackpot party members but the entirety of the state party was involved in some way with only a few lone holdouts?

__________

* Sentence in parentheses added after publication; it had been dropped during editing.

Rudy Giuliani Launched a Lynch Mob over a Ginger Mint

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I find it harder to describe the details of yesterday’s January 6 Committee hearing, covering pressure Trump put on states to alter the vote, than the earlier hearings. That’s because the testimony about Trump’s bullying of those who upheld democracy — particularly election worker Shaye Moss and Arizona Speaker of the House Rusty Bowers — elicited so much emotion. This is what Trump has turned great swaths of the Republican Party into: bullies attacking those who defend democracy.

Trump’s bullies attacking anyone defending democracy

Bowers described how a mob, including an armed man wearing a 3%er militia patch, came to his house as his daughter fought a terminal illness.

Moss described how a mob descended on her granny’s house, hunting for her and her mother, Ruby Freeman. At least one member of the mob targeting those two Black women who chose to work elections betrayed self-awareness off their regressive stance: Moss testified that one of the threats targeted at her said, “Be glad it’s 2020 and not 1920.”

And Adam Schiff got Moss to explain a detail that formed the core of a video Rudy Giuliani used to summon his mob. Rudy had claimed that when Ms. Freeman passed Shaye something, it was a thumb drive to replace votes.

It was actually a ginger mint.

Schiff: In one of the videos we just watched, Mr. Giuliani accused you and your mother of passing some sort of USB drive to each other. What was your mom actually handing you on that video?

Moss: A ginger mint.

Moss testified that none of the people who had been working with her full time on elections in Fulton County, Georgia are still doing that work. They’ve all been bullied out of working to uphold democracy.

Tying the state violence to the January 6 violence

Early in the hearing, Schiff tied these threats of violence to Stop the Steal, the organization behind the purported speakers that formed the excuse to bring mobs to the January 6 attack. He explained, “As we will show, the President’s supporters heard the former President’s claims of fraud and the false allegations he made against state and local officials as a call to action.” Shortly thereafter, investigative counsel Josh Roselman showed a video from Ali Alexander predicting at a protest in November 2020, “we’ll light the whole shit on fire.”

Much later in the hearing, Schiff tied the takeover of state capitals to the January 6 riot with a picture of Jacob Chansley invading Capitols in both AZ and DC.

Chansley already pled guilty to attempting to obstruct the vote certification, and one of the overt acts he took was to leave Mike Pence this threatening note on the dais.

So one thing the hearing yesterday did was to tie the threats of violence in the states to the expressions of violence on January 6.

Showing obstruction of the vote certification, including documents

A second video described the fake electors scheme, developing several pieces of evidence that may help DOJ tie all this together in conspiracy charges.

The video included testimony from Ronna McDaniel acknowledging the RNC’s involvement. (Remember that McDaniel joined in the effort to censure Liz Cheney when she learned the committee had subpoenaed Kathy Berden, the lead Michigander on that fake certificate; Berden has close ties to McDaniel.)

Essentially he turned the call over to Mr. Eastman who then proceeded to talk about the importance of the RNC helping the campaign gather these contingent electors in case any of the legal challenges that were ongoing changed the result of any of the states. I think more just helping them reach out and assemble them. But the — my understanding is the campaign did take the lead and we just were … helping them in that role.

The video also cited Trump’s own campaign lawyers (including Justin Clark, who represented Trump in conjunction with Steve Bannon’s refusal to testify) describing that they didn’t believe the fake electors scheme was prudent if the campaign no longer had legal challenges in a given state.

In a videotaped deposition, former campaign staffer Robert Sinners described himself and other workers as, “useful idiots or rubes at that point.” When ask how he felt upon learning that Clark and Matt Morgan and other lawyers had concerns about the fake electors, Sinners explained, “I’m angry because I think in a sense, no one really cared if … if people were potentially putting themselves in jeopardy.” He went on, “I absolutely would not have” continued to participate, “had I known that the three main lawyers for the campaign that I’ve spoken to in the past and leading up were not on board.”

And electors in individual states claimed to have been duped into participating, too. Wisconsin Republican Party Chair Andrew Hitt described that, “I was told that these would only count if a court ruled in our favor.” So using them as an excuse to make challenges on January 6, “would have been using our electors, well, it would have been using our electors in ways that we weren’t told about and we wouldn’t have supported.”

In the wake of yesterday’s hearing, one of MI’s fake electors, Michele Lundgren, texted reporters to claim that they had not been permitted to read the first page of the form they signed, which made the false claims.

As the video showed the fake certificates next to the real ones, Investigative Counsel Casey Lucier explained that,

At the request of the Trump campaign, the electors from these battleground states signed documents falsely asserting that they were the duly elected electors from their state, and submitted them to the National Archives and to Vice President Pence in his capacity as President of the Senate.

[snip]

But these ballots had no legal effect. In an email produced to the Select Committee, Dr. Eastman told a Trump campaign representative [Boris Epshteyn] that it did not matter that the electors had not been approved by a state authority. Quote, the fact that we have multiple slates of electors demonstrates the uncertainty of either. That should be enough. He urged that Pence act boldly and be challenged.

Documents produced to the Select Committee show that the Trump campaign took steps to ensure that the physical copies of the fake electors’ electoral votes from two states were delivered to Washington for January 6. Text messages exchanged between Republican Party officials in Wisconsin show that on January 4, the Trump campaign asked for someone to fly their fake electors documents to Washington.

A staffer for Wisconsin Senator Ron Johnson texted a staffer for Vice President Pence just minutes before the beginning of the Joint Session. This staffer stated that Senator Johnson wished to hand deliver to the Vice President the fake electors votes from Michigan and Wisconsin. The Vice President’s aide unambiguously instructed them not to deliver the fake votes to the Vice President.

Lucier made it clear, though, that these fake electors were delivered to both Congress (Johnson) and the Executive Branch (the Archives).

This video lays out critical steps in a conspiracy to obstruct the vote certification, one that — because it involves a corrupt act with respect to fraudulent documents — would even meet Judge Carl Nichols’ standard for obstruction under 18 USC 1512(c)(2).

The Court therefore concludes that § 1512(c)(2) must be interpreted as limited by subsection (c)(1), and thus requires that the defendant have taken some action with respect to a document, record, or other object in order to corruptly obstruct, impede or influence an official proceeding.

Understand, many of these people are awful and complicit (and bmaz will surely be by shortly to talk about what an asshole Rusty Bowers is). But with respect to the fake electors scheme, the Committee has teed up a parade of witnesses who recognize their own criminal exposure, and who are, as a result, already rushing to blame Trump for all of it. We know DOJ has been subpoenaing them for evidence about the lawyers involved — not just Rudy and Eastman, but also Justin Clark.

DOJ has also been asking about Boris Epshteyn. He showed up as the recipient of an email from Eastman explaining that it didn’t matter that the electors had no legal legitimacy.

As Kyle Cheney noted, the Committee released that email last month, albeit with Epshteyn’s name redacted.

The Republican Party has not just an incentive, but a existential need at this point, to blame Trump’s people for all of this, and it may do wonders not just for obtaining cooperative and cooperating witnesses, but also to change how Republicans view the January 6 investigation.

Exposing Pat Cipollone’s exceptional unwillingness to testify

Liz Cheney continued to use the hearings to shame those who aren’t cooperating with the Committee. In her opening statement, she played the video of Gabriel Sterling warning of violence, where he said, “All of you who have not said a damn word [about the threats and false claims] are complicit in this.”

Then after Schiff talked about the threat to democracy in his closing statement …

We have been blessed beyond measure to live in the world’s greatest democracy. That is a legacy to be proud of and to cherish. But it is not one to be taken for granted. That we have lived in a democracy for more than 200 years does not mean we shall do so tomorrow. We must reject violence. We must embrace our Constitution with the reverence it deserves, take our oath of office and duties as citizens seriously, informed by the knowledge of right and wrong and armed with no more than the power of our ideas and the truth, carry on this venerable experiment in self-governance.

Cheney focused on the important part played by witnesses who did what they needed to guard the Constitution, twice invoking God.

We’ve been reminded that we’re a nation of laws and we’ve been reminded by you and by Speaker Bowers and Secretary of State Raffensperger, Mr. Sterling, that our institutions don’t defend themselves. Individuals do that. And we’ve [been] reminded that it takes public servants. It takes people who have made a commitment to our system to defend our system. We have also been reminded what it means to take an oath, under God, to the Constitution. What it means to defend the Constitution. And we were reminded by Speaker Bowers that our Constitution is indeed a divinely inspired document.

That set up a marked contrast with the list of scofflaws who’ve obstructed the Committee.

To date more than 30 witnesses called before this Committee have not done what you’ve done but have invoked their Fifth Amendment rights against self-incrimination. Roger Stone took the Fifth. General Michael Flynn took the Fifth. John Eastman took the Fifth. Others like Steve Bannon and Peter Navarro simply refused to comply with lawful subpoenas. And they have been indicted. Mark Meadows has hidden behind President Trump’s claims of Executive Privilege and immunity from subpoena. We’re engaged now in litigation with Mr. Meadows.

Having set up that contrast, Congresswoman Cheney then spent the entire rest of her closing statement shaming Pat Cipollone for refusing thus far to testify.

The American people in our hearings have heard from Bill Barr, Jeff Rosen, Richard Donoghue, and many others who stood up and did what is right. And they will hear more of that testimony soon.

But the American people have not yet heard from Mr. Trump’s former White House counsel, Pat Cipollone. Our Committee is certain that Donald Trump does not want Mr. Cipollone to testify here. Indeed, our evidence shows that Mr. Cipollone and his office tried to do what was right. They tried to stop a number of President Trump’s plans for January 6.

Today and in our coming hearings, you will hear testimony from other Trump White House staff explaining what Mr. Cipollone said and did, including on January 6.

But we think the American people deserve to hear from Mr. Cipollone personally. He should appear before this Committee. And we are working to secure his testimony.

In the wake of this, someone “close to Cipollone” ran to Maggie Haberman and sold her a bullshit story, which she dutifully parroted uncritically.

Cheney had just laid out that the “institutional concerns” had been waived by other lawyers (and were, legally, in the case of Bill Clinton). And any privilege issue went out the window when Sean Hannity learned of the White House Counsel complaints. Plus, White House Counsel lawyer Eric Herschmann has testified at length, including about matters — such as the call Trump made to Vice President Pence shortly before the riot — involving Trump personally.

Given Cheney’s invocation of those who pled the Fifth, I wonder she suspects that Cipollone’s reluctance has less to do with his claimed excuses, and more to do with a concern that he has personal exposure.

He may! After all, he presided over Trump’s use of pardons to pay off several key players in the insurrection, including three of the people Cheney invoked to set up this contrast: Flynn, Stone, and Bannon (though I suspect Cipollone had checked out before the last of them). And these pardons — and the role of pardons in the planning for January 6 more broadly — may expose those involved, potentially including Cipollone, in the conspiracy.

Whether or not Cheney shames Cipollone into testifying, including with her appeal to religion, he may not have the same luxury of refusing when DOJ comes calling.

Imagine if Woodward and Bernstein Buried the Ties between the Burglars and Nixon in Paragraph 26?

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Josh Dawsey continues to offer fawning coverage of the GOP’s decision to censure Liz Cheney.

In spite of the fact that he was the first to report details that allowed me, almost immediately, to understand the significance of Ronna McDaniel’s excuse for backing the censure, he either still hasn’t figured that out or wants to help Republicans bury it. In ¶26 of his latest update on the horserace details about how the censure vote came about, Dawsey confirms that McDaniel was, indeed, responding to the decision by the January 6 Committee to subpoena Kathy Berden.

In her weekend calls, McDaniel told the story of Kathy Berden, a friend of hers from Michigan, who was subpoenaed by the Jan. 6 committee because she agreed to serve as a fake elector for Trump for the election, according to a person who spoke with the chairwoman this weekend.

In an interview with The Post before the resolution passed, McDaniel also told the story of Berden when asked why she was going after the Jan. 6 commission, but declined to name her.

In Dawsey’s telling, Berden once again remains nothing more than a Nice Little Old Lady, a friend of McDaniel. In his telling, she had a passive role, “agree[ing] to serve as a fake elector,” not playing a leadership role in an attempt to invalidate 2.8 million Michigan votes. As Bob Woodward and Carl Bernstein would have immediately recognized, the story here is with whom Berden was agreeing to serve as a fake elector.

But Dawsey doesn’t pursue that question. He doesn’t describe that Berden whipped votes as a paid “volunteer” for McDaniel’s reelection as Chair in 2019 — someone whose political power is closely tied to McDaniel’s own career.

He especially doesn’t explain that actions of Berden and others involved in the fake election scheme are under investigation not just by the Select Committee, but by Michigan authorities and the FBI. (NYT, which also thought the Berden detail was worth burying more than twenty paragraphs deep, at least mentioned that Berden’s actions were “a potential crime” after repeating GOP claims she is “an innocent victim of an overzealous investigation, noting that she is elderly and a widow.”)

And because he ignores that McDaniel was trying to protect a close associate being investigated for her role in attempting to steal an election, and trying to dissociate that attempt to steal an election with the violence at the Capitol, Dawsey doesn’t consider how McDaniel’s efforts may have contributed to what WaPo portrays as the virgin birth of the “legitimate political discourse” language that ended up equating assaulting cops with casting a vote.

The phrase “legitimate political discourse” did not appear in an original draft of the resolution by top Trump ally David Bossie, according to a copy reviewed by The Washington Post. Instead, Bossie’s version said the committee had a disregard for “minority rights” and “due process” and seemed “intent on advancing a political agenda to buoy the Democrat Party’s bleak electoral prospects.”

It is unclear how the words “legitimate political discourse” came to enter the document as it was edited in Salt Lake City by Bossie, McDaniel and others. Bossie did not respond to requests for comment.

Ronna McDaniel told Josh Dawsey that she supported this initiative because her close political associate was being investigated for her role in attempting to steal the election. After McDaniel got involved, the resolution against Cheney affirmatively defended the actions under investigation by the Committee as “legitimate political discourse.”

This isn’t actually all that mysterious. Ronna McDaniel is trying to deny that submitting fake electors is a crime (indeed, the GOP has launched a parallel campaign to liken the attempt to invalidate voters to Hawaii’s vote certification in 1960). And as part of that process, the GOP called all of January 6 — the lies that mobilized thousands of Trump supporters and the violent assault on the Capitol that resulted — “legitimate political discourse.”

McDaniel, like the WaPo, is trying to avoid discussing a suspected crime, one that implicates a significant number of top Republican operatives.

I did a thread the other day of Michiganders whose votes Kathy Berden tried to invalidate, from all over Michigan. They include a ton of voters from Oakland County, which has become increasingly Democratic in recent years. They include voters from Kent County, which is where Trump actually lost the election. But they also include voters from deep red parts in the state who nevertheless made an effort to make sure their vote was cast and counted. The people that Ronna McDaniel and Josh Dawsey are trying to obscure are people who took the time — sometimes a lot of time — to exercise their civic responsibility. Kathy Berden’s actions are not a victimless crime. They are an attempt to invalidate the votes of 2.8 million of her fellow Michiganders (including me and, I presume, Rayne). Those actions are every bit as deplorable as those of the people who beat cops at the Capitol.

It’s time that the horse race press started treating Berden’s actions — and those of Ronna McDaniel to downplay the scheme — as an assault on democracy every bit as much (and closely tied to) the attack on the Capitol building.

Update: h/t JW for the picture.

A Look at Michigan’s “Alternate” Electors [UPDATE-1]

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[NB: check the byline, thanks. Update(s) will appear at the bottom of this post. /~Rayne]

David Waldman (a.k.a. @KagroX) made an interesting point on Twitter:

If you’re active in a political party this may seem obvious. Having been a party committee member and a delegate, I took for granted most folks would intuit this. A political party won’t have any Average Joe off the street attest to the party’s business; they’ll encourage and/or pick someone they trust who’s an insider.

And in the case of my home state, that’s exactly what happened. The MIGOP picked electors who are active in the party either on committees and/or public officials either elected or appointed.

Which means all these folks who signed the false certification attesting fraudulently to Trump’s win of a majority of Michigan’s votes are highly relevant to the party. They are:

Kathy Berden – Michigan Republican Party national committeewoman

Mayra Rodriguez – Wayne County Public Administrator, former MIGOP candidate for MI state house district 2, Michigan Republican Party 14th District chair for Grosse Pointe Farms

Meshawn Maddock – Co-Chair, Michigan Republican Party

John Haggard – Charlevoix County Republican chair

Kent Vanderwood – Wyoming City Council member

Marian Sheridan – Michigan Republican Party Grassroots vice chair

James Renner – Republican Delegate to County Convention (Watertown Twp, 2020) (replaced Gerald Wall)

Amy Facchinello – Grand Blanc Board of Education member, QAnon supporter

Rose Rook – Van Buren County Republican executive committee member

Hank Choate – Michigan Republican Party 7th District chair

Mari-Ann Henry – Greater Oakland Republican Club member

Clifford Frost – Michigan Republican Party State Committee and Macomb County Republican Party board member

Stanley Grot – Shelby Township Clerk, Michigan Republican Party 10th District chair

Timothy King – Washtenaw County Republican Party executive committee member, Michigan Republican Party 12th District committee member

Michele Lundgren – Wayne County Republican Party precinct delegate

Ken Thompson – TBD (replaced Terri Lynn Land, former MI Secretary of State)

These aren’t exotic fruit bats out in the far right-wing hinterlands; they’re the heart of the Michigan Republican Party.

There are several interesting tidbits about this roster. The first is that two of these folks were replaced by others even though they had been elected in November to their role as electors.

Gerald Wall is the Roscommon County Republican Party Chair. Granted, it’s a less populous county in northern central Michigan, but removing the county chair is a bit of a statement to a fairly red county.

The second replacement raised my eyebrows because Terri Lynn Land was Michigan’s Secretary of State for eight years. She’s had the support of the DeVos family — yes, including Erik Prince’s sister Betsey DeVos nee Prince — receiving campaign donations over multiple terms and candidacies for other public office.

Why were these two elected electors removed and replaced with “alternate” electors James Renner and Ken Thompson — the latter for whom I can find little information.

The slate of candidates running for the legitimate post of Republican electors — assuming a Republican won Michigan’s popular vote — had been contacted for profiles by the Detroit Free Press ahead of the November 2020 election. Several did not respond or refused to be interviewed; what’s indicated here was collected from the internet.

But there’s nothing about the swap of two electors for these new “alternate” electors. One might wonder if either Gerald Wall or Terri Lynn Land refused to serve as electors once a false certification was prepared.

The doozy out of this group is the Michigan Republican Party co-chair Meshawn Maddock, wife of state representative Matt Maddock, by whom it has been said the MIGOP had been radicalized.

You’ll want to read this thread by Karen Piper, who profiles Meshawn while connecting more than a few dots:

Maddock’s relationship with Amy Kremer — she of the three-burner-phones and the Willard Hotel — and multiple right-wing protests at Michigan’s state capitol building is particularly interesting. It’s as if the April 15, 2020 drive-in gridlock protest rally and the armed militia protest rally inside the capitol on April 30 were practice runs for the January 6, 2021 insurrection.

If I thought I had standing and a reasonable chance at winning I’d sue each one of these “alt-electors” for attempting to steal the 2020 Michigan presidential election from me and every Michigander who voted for a candidate other than Trump. I’d sue because so many volunteers who are neighbors, friends, and family members honorably worked to ensure a safe and secure election, and these radical right-wing members of the MIGOP tainted their efforts, cast aspersions on our state, and nearly stole our civil rights after we had to put up with weeks of harassment to get to certification.

As former MIGOP leader and Project Lincoln senior advisor Jeff Timmer described Meshawn,

“She is nuts. Her husband is nuts. They are crazy, stupid, and mean,” Timmer tells Metro Times. “They think they are saving the world.”

Um, nope. Not saved, far from it.

Hope Meshawn has a good lawyer; for some reason I don’t think she’ll get much assistance from some of the old school MIGOP.

~ ~ ~

UPDATE-1 — 12:30 P.M. 13-JAN-2022 —

Long-time community member WilliamOckham shared in comments last night some pointers about the false certification documents:

First, let me give a shout out to the folks over at AmericanOversight[.]org for liberating the fake electoral vote documents via a FOIA to the National Archives. Several folks have noticed the similarities between the documents. I believe we can make some reasonable judgments about the provenance of these documents that will contribute to our understanding of the overall election conspiracy. Even though all we have is a scanned images pdf, if we analyze the documents with attention to the similarities and differences, we can deduce something about how those documents were produced. If you want to follow along, head over to the American Oversight website and grab a copy of the pdf I’m referencing at /american-oversight-obtains-seven-phony-certificates-of-pro-trump-electors

TL;DR version: These fake electoral certifications all came from a single source and there’s a way to prove it.

First, note that for every state there is a page (pages 7, 17, 21, 25, 28, 30, 32, and 45) that begins with three centered and bolded lines that read:
CERTIFICATE OF THE VOTES OF THE
2020 ELECTORS FROM [STATE]
**********

The first thing to note is that each of those pages is using the same font (with one slight twist that’s very revealing): Baskerville Old Face. That’s a good choice if you want to give your documents a 1776 feel. You see, it’s a digital font based on a lead type design that was first appeared in 1766.

When you start looking closely, you’ll notice that each state’s wording following the title is slightly different. However, they’re all set in Baskerville. In particular, note the “For President” and “For Vice President”. Those are formatted as small caps (the lowercase letters are replaced with smaller versions of the uppercase letters). Do you suppose seven or eight different people all managed to correctly use small caps formatting? Me, neither.

Someone created a digital file (almost certainly a Microsoft Word document) and sent it to the fake electors to fill in. There’s no other explanation for the similarities in the documents. And it’s not just that page. There was even a template for filling vacancies (caused by some electors having, you know, integrity).

One more interesting thing. Look at the first page (page 7 of the pdf). Notice the asterisks. Count the “petals”. There are five. That’s just like the Baskerville Old Face that Microsoft ships with Office and some versions of Windows. Now, look at Wisconsin’s page (page 45). There are six “petals” on the asterisks. Looks like the same font. Except what’s up with the different asterisks? Looks very much like Microsoft Word performing a font substitution. Maybe Wisconsin used the Mac version of Word. Or OpenOffice. Or Google Docs.

Now, here’s how to prove my suppositions. If you have subpoena power or a team of people to do some investigating, start tracking down the people who signed these documents. Ask them for the Word document (or other digital template) that was sent to them. Ask them who sent them and what instructions did they give them.

Hello, conspiracy.