Does Trump’s ‘Alternate’ Electors Plan Justify Criminal Charges Against Them and Him?

July 20, 2023

The alleged state and federal felonies involve intent elements that may be difficult to prove.

by Jacob Sullum Reason.com

Former President Donald Trump yesterday said he had received a letter from the Justice Department indicating that he is a “target” of Special Counsel Jack Smith’s investigation of efforts to overturn Joe Biden’s victory in the 2020 presidential election. That revelation came the same day that Michigan Attorney General Dana Nessel, a Democrat, announced charges against 16 Republicans who had identified themselves as the state’s voter-selected electors in certificates they signed on December 14, 2020.

That maneuver, which was part of a seven-state plan to prevent congressional certification of the election results, also figures in the expected federal charges against Trump, who may yet face state charges in Michigan and Georgia in connection with the same scheme. But the state and federal charges require an intent to defraud or another improper purpose, which could be a difficult element to prove.