In a recent turn of events, a case involving so-called fake electors in Nevada has been dismissed by Judge Mary Kay Holthus. This dismissal is considered a victory for former President Donald Trump and his supporters. The case was dismissed because Clark County, where the prosecution took place, was deemed an improper venue by Judge Holthus.
During the hearing at Clark County District Court, Judge Holthus expressed her doubts about the arguments put forth by state prosecutors. She argued that a more suitable location for the trial would be either Carson City, where the fake elector signing ceremony occurred, or Douglas County, from which the fraudulent documents were initially sent.
This decision raises questions as to why prosecutors chose Clark County as the venue in the first place. A possible explanation could be that Clark County has a significantly higher number of registered Democrats (468,651) compared to Republicans (357,762), according to Nevada Secretary of State records. In contrast, Carson City has 14,927 registered Republicans and only 9,805 registered Democrats, while Douglas County has 21,840 registered Republicans and 7,942 registered Democrats. Prosecutors may have been more likely to assemble a jury with a higher proportion of Democrats in Clark County, increasing the chances of convicting the Republican defendants.
Judge Holthus emphasized that the case should be tried in the jurisdiction where the crime occurred, which is clearly not Clark County. She stated, “You have literally, in my opinion, a crime that has occurred in another jurisdiction. It’s so appropriately up north and so appropriately not here.
Despite this setback, Nevada Attorney General Aaron Ford vowed to appeal the decision, stating that “the judge got it wrong, and we’ll be appealing immediately.” However, the defense attorney, Margaret McLetchie, representing Clark County Republican party chairman Jesse Law, declared that the case was effectively dead.
In December, when the charges were initially announced, Nevada Attorney General Aaron Ford expressed confidence in his case. He stated that the defendants, who allegedly portrayed themselves as Nevada’s presidential electors following the 2020 election, had been charged with Offering a False Instrument for Filing and Uttering a Forged Instrument. These charges were based on their submission of a false document titled “Certificate of the Votes of the 2020 Electors from Nevada” to various officials.
McDonald’s attorney, Richard Wright, argued that convening the grand jury in Las Vegas was improper and that prosecutors failed to provide evidence to the defense that could have led to exoneration for those charged. Deputy State Attorney General Matthew Rashbrook defended the choice of Clark County as a trial venue, stating that “no one county contains the entirety of these crimes” and emphasizing that society is the victim of such actions.
Ultimately, Judge Holthus agreed with the defense attorneys, dismissing the case based on its improper location in Clark County.
