Lawyer for charged ‘fake elector’ says Trump attorneys directed group
The slate of Michigan Republicans who attempted to cast the state’s electoral votes for former President Donald Trump did so at Trump’s direction, according to a court brief filed Monday.
Amy Facchinello, of Grand Blanc, is one of 16 so-called fake electors charged by Michigan attorney General Dana Nessel for attempting to cast the state’s electoral votes for Trump, despite now-President Joe Biden winning Michigan by around 154,000 votes. Facchinello’s attorney, Paul Stablein, wrote in a federal court filing that attorneys for Trump’s campaign directed the group to meet at the Michigan GOP headquarters in Lansing.
“Attorneys for the President specifically instructed Ms. Facchinello that the Republican electors’ meeting and casting their ballots on December 14, 2020, was consistent with counsels’ advice and was necessary to preserve the presidential election contest. Further, an attorney for the President was present at the December 14, 2020, meeting of the presidential electors itself and advised the Presidential Electors, including Ms. Facchinello, that performance of their duties was necessary on behalf of the President and the Constitution,” Stablein wrote.
The group had attempted to enter the Michigan Capitol to cast the electoral votes on Dec. 14, 2020, but were denied entry by Michigan State Police. CNN recently reported that Meshawn Maddock, another individual charged in the false elector probe, previously made statements saying the group was directed by Trump’s campaign attorneys. Stablein’s filing appears to confirm those statements.
Stablein wrote that Facchinello was instructed to cast a vote for Trump due to ongoing lawsuits against the certification of Michigan’s election.
“On December 14, Ms. Facchinello arrived at the GOP offices in Lansing and was directed to the conference room in one wing of the office building,” the filing states. “All of the other electors were present, as well as two lawyers from the Republican National Committee in Washington, D.C., and a notary public. The lawyers explained that President Trump had lawsuits pending in Michigan and other states and was challenging the results of Michigan’s presidential election.”
Facchinello was told her vote was needed in the event the lawsuits were successful, according to the filing.
The court filing submitted by Stablein seeks to have her case moved from Ingham County District Court to federal court, particularly the Western District of Michigan. Stablein argues that since Facchinello was attempting to fulfill a federal duty in casting the electoral votes, federal jurisdiction supersedes state authority.
To date, federal charges have not been issued against any of the 16 individuals charged in the Michigan probe. Nessel previously said her office would wait for federal charges, due to other groups of faux electors making similar attempts to cast false electoral votes, but reversed course earlier this year and reopened the state probe, citing the need for some form of accountability. Nessel issued charges against the group in July. Court dates for preliminary examinations are scheduled for October and November.
“Perhaps they are going to move forward, and I hope that they do. But I think that it is important that … a couple years later, that there be some accountability,” Nessel said during a January press call. “Let’s be clear about what this was: It was an effort to overturn a lawful election. And I think that that type of activity can’t go without any consequences.”
A spokesperson for the attorney General’s office didn’t immediately respond to a Free Press inquiry on Facchinello’s request.
In federal court cases surrounding the Jan. 6, 2021, riots at the U.S. Capitol, defendants have attempted to place blame on Trump as a legal defense as well — attorneys for Enrique Tarrio, the former Proud Boys leader now sentenced to 22 years in prison on seditious conspiracy charges related to Jan. 6 argued that it was the fault of Trump.
All 16 individuals charged in the case have indicated they will plead not guilty to the charges issued by attorney General Dana Nessel, which include election forgery charges punishable by up to five years in prison and forgery-related charges each punishable by up to 14 years in prison upon conviction.
Contact Arpan Lobo: alobo@freepress.com. Follow him on X (Twitter) @arpanlobo.
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