The Supreme Court on Tuesday declined to hear an appeal from Clifford James Frost, a Michigan Republican charged in a 2020 “fake elector” scheme falsely claiming Donald Trump won the state. Frost alleged Michigan Attorney General Dana Nessel (D) pursued the case in bad faith to punish political opponents.
“The AG brought the Michigan criminal prosecution with no reasonable expectation of obtaining valid convictions,” Frost’s attorneys wrote in their petition. However, a Michigan judge dismissed the charges last month against Frost and 14 others, ruling there was insufficient evidence of intent to defraud. Nessel’s office is still considering an appeal.
Judge Kristen Simmons suggested the defendants were not “savvy or sophisticated enough” to understand the electoral process they sought to influence. Michigan prosecutors had charged 16 Trump electors in 2023 for attempting to replace legitimate Biden electors with false certificates.
Similar “alternate elector” cases have faced mixed outcomes across the country, with dismissals in Nevada and Arizona, while proceedings continue in Wisconsin and Georgia.
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