9 Michigan false electors arraigned, not guilty pleas entered

Lansing — Nine of the 16 Michigan Republicans who signed a certificate falsely claiming Donald Trump won the state's 2020 presidential election were arraigned on felony charges in Ingham County district court Thursday.

All nine either said they were not guilty or their lawyers asked Magistrate Laura Millmore to have a not guilty plea entered on their behalf. Their appearances, over Zoom, marked the beginning of their legal bids to challenge criminal allegations brought by Democratic Attorney General Dana Nessel in high-profile cases focused on Trump's efforts to overturn his loss to Democrat Joe Biden.

Nessel's office announced eight felony charges against each of the Republican electors on July 18. The charges against the Republicans include forgery and conspiracy to commit election law forgery.

At one point Thursday, Kurt Krause, the lawyer for Republican John Haggard of Charlevoix, contended the probability of conviction was low because of "the dubiousness" of the facts behind the charges.

"He is eager and looks forward to fighting these charges," Krause said of Haggard.

Some of the GOP electors have previously said they signed the false certificate simply in case a future court decision reversed the election. Others have said they didn't know what they were signing when they wrote their name.

But Jack Smith, special counsel from U.S. Department of Justice, has alleged in his criminal case against Trump that the former president's team wanted to a create a "fake controversy" and position then-Vice President Mike Pence to supplant the legitimate electors when results were certified on Jan. 6, 2021.

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Unlike Krause, the other lawyers for the GOP electors said little about the allegations, and the electors themselves also made few comments during about two hours of court proceedings.

The most prominent of the Republicans who appeared Thursday was Kathy Berden, Michigan's GOP national committeewoman. Berden's lawyer, George Donnini, acknowledged in court that Berden is now a resident of Tennessee.

Donnini asked the court to enter a not guilty plea on Berden's behalf.

"I do," Berden replied when Millmore asked if she understood the charges.

In addition to Berden and Haggard, Amy Facchinello of Grand Blanc, Clifford Frost of Warren, Timothy King of Ypsilanti, Michele Lundgren of Detroit, James Renner of Lansing, Mayra Rodriguez of Grosse Pointe Farms and Ken Thompson of Orleans were arraigned on Thursday.

Their lawyers described them as longtime Michigan residents who posed little risk of fleeing the state while the cases were pending.

Attorney Wright Blake labeled his client, Rodriguez, who is a lawyer herself, "an outstanding citizen in our society." Attorney Matt Borgula said his client, Renner, has lived an "impeccable life" and is "prepared to defend himself."

The nine electors are facing $1,000 bonds under Millmore's decisions on Thursday.

The other seven Republican electors, including former Michigan Republican Party Co-Chairwoman Meshawn Maddock, had their arraignments in recent days.

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As part of the push to undermine Biden's victory, Trump supporters gathered inside the then-Michigan Republican Party headquarters on Dec. 14, 2020, and signed a certificate, claiming to cast the state's 16 electoral votes for Trump.

Eventually, the false certificate was sent to the National Archives and Congress. The document inaccurately claimed the Trump electors had met inside the Michigan Capitol. However, they hadn't. Biden's electors convened inside the Capitol, and the building was closed to others on Dec. 14, 2020.

"The false electors’ actions undermined the public’s faith in the integrity of our elections and, we believe, also plainly violated the laws by which we administer our elections in Michigan," Nessel, a Democrat, said in a statement last month.

Michigan election law bans someone from knowingly making or publishing a false document "with the intent to defraud."

The most severe charges the 16 Republicans face would carry penalties up to 14 years behind bars.

cmauger@detroitnews.com