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Defendant in Michigan fake elector case seeks dismissal of charges over attorney general's comments

LANSING, Mich.
20230926170940-65135081672009b76ea83735jpeg
FILE - Michigan Attorney General Dana Nessel speaks during a news conference, Sept. 19, 2022, outside of the Genesee County Sheriff's Office in Flint, Mich. One of the 16 Michigan Republicans charged in a fake elector scheme filed a motion Tuesday, Sept. 26, 2023 asking for the eight criminal charges to be dismissed after Nessel said the group had been 鈥渂rainwashed鈥 and "legit believe鈥 that former President Donald Trump had won the 2020 election. (Jake May/The Flint Journal via AP, File)

LANSING, Mich. (AP) 鈥 One of 16 Michigan Republicans accused of taking part in a filed a motion Tuesday asking a judge to dismiss charges after the state attorney general said the group had been 鈥渂rainwashed" and truly believed that former President Donald Trump won the 2020 election.

All 16 are facing eight criminal charges, including , that were first announced in July by state Attorney General Dana Nessel. Investigators allege that they met following the 2020 election and signed a document falsely stating they were Michigan鈥檚 鈥渄uly elected and qualified electors.鈥

President Joe Biden won the state by nearly 155,000 votes, a result that was confirmed by a GOP-led state Senate in 2021. Michigan is one of seven states where false Electoral College certificates were submitted declaring Trump the winner, despite confirmed results showing he had lost.

On Sept. 18, Nessel, a Democrat, told a liberal group during a virtual event that the false electors had been 鈥渂rainwashed鈥 and 鈥済enuinely鈥 believed Trump won in Michigan鈥.

鈥淭hey legit believe that,鈥 , according to the video first reported by The Detroit News.

Nessel also said that Ingham County, where the cases will be tried, "is a very, very Democratic-leaning county.鈥

An attorney for one of the accused fake electors, Mari-Ann Henry, 65, said those comments 鈥渘ullify the government鈥檚 entire case鈥 and the charges should be thrown out.

George MacAvoy Brown, an attorney for Henry, said in a statement that the charges require proof that Henry 鈥渋ntended to cheat or deceive someone鈥 and that Nessel's comments show that wasn't the case.

The motion for dismissal was filed in Ingham County District Court.

Danny Wimmer, a spokesperson for Nessel's office, said in response to a request for comment that the office 鈥渨ill respond to the motion in our filings with the Court.鈥

Attorneys for others charged in the case have also been critical of Nessel鈥檚 comments. Nick Somberg, who represents former Michigan GOP co-chair Meshawn Maddock, told The Associated Press on Tuesday that they prove the charges hold 鈥渘o merit鈥 and that this is a 鈥減olitical case.鈥

In a separate court filing obtained by AP, another defendant, Amy Facchinello, claims that the charges stem from conduct that came 鈥渁t the direction鈥 of then-President Trump and other federal officers.

All 16 of the defendants have pleaded not guilty. Henry and several others, including Maddock and Kathy Berden, Michigan鈥檚 Republican national committeewoman, are scheduled to appear for a preliminary examination hearing on Oct. 12.

Joey Cappelletti, The Associated Press

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