A top Justice Department official has confirmed that prosecutors are reviewing fake slates of electors that Donald Trump supporters submitted to the government before Congress met to count the electoral votes.
Deputy Attorney General Lisa Monaco said federal prosecutors were ‘looking at’ the matter – using careful language to avoid providing details of any investigation.
‘We’ve received those referrals. Our prosecutors are looking at those and I can’t say anything more on ongoing investigations,’ she told CNN in an interview.
Her statement comes as lawmakers and outside groups have drawn new attention to the ‘alternate’ electors submitted from seven states where Trump was claiming election fraud amid his overturn effort, even as state officials ascertained the results based on ballots cast.
Federal prosecutors have charged hundreds of people with violent offenses and wrongfully entering the Capitol or destroying property during the Capitol riot. But it was only when prosecutors filed charges against members of the Oath Keepers alleging seditious conspiracy in recent days that the government signaled any kind of a probe that might go after planners of the events of Jan. 6th or other election related offenses.
‘We’ve received those referrals. Our prosecutors are looking at those,’ said Deputy AG Lisa Monaco when asked about submissions of fake electors
Trump and his allies publicly discussed efforts to submit ‘alternate’ electors from Pennsylvania, Georgia, Michigan, Arizona, Wisconsin, Nevada and New Mexico, the same states where Trump allies claimed fraud occurred, but where courts tossed out their claims.
The group American Oversight published the documents after obtaining them from the government.
The idea was to present Congress with conflicting slates, which could set off a clash over rightful electors which would ultimately go to the House – where Republicans could try to prevail by controlling a majority of the state delegations.
Last week, Michigan Attorney General Dana Nessel said she thought there was sufficient evidence to charge 16 Republicans who submitted false certificates stating Trump won Michigan’s electoral votes. Joe Biden won the state by more than 100,000 votes.
AG Merrick Garland said on the anniversary of Jan. 6th: ‘The Justice Department remains committed to holding all January 6th perpetrators, at any level, accountable under law, whether they were present that day or were otherwise criminally responsible for the assault on our democracy.’
Sources told CNN last week that Trump lawyer Rudy Giuliani coordinated the effort by Trump backers in states where Trump and his allies were claiming fraud
Last week, Michigan Attorney General Dana Nessel said she thought there was sufficient evidence to charge 16 Republicans who submitted false certificates stating Trump won Michigan’s electoral votes
Monaco referenced ‘referrals’ regarding the fake electors
She said her office had been looking at the issue for a year before referring it to DOJ.
‘Under state law, I think clearly you have forgery of a public record, which is a 14-year offense, and election law forgery, which is a five-year offense,” the Democrat told MSNBC. She said DOJ was best suited to prosecute.
Monaco also echoed Attorney General Merrick Garland and used boilerplate language to describe the investigation, saying prosecutors are ‘going to follow the facts and the law, wherever they lead, to address conduct of any kind and at any level that is part of an assault on our democracy.’
The documents that various state ‘alternate’ electors submitted to the National Archives in December 2020 before Congress met to count the votes bear similarities in language.
Officials swore the were ‘duly elected and qualified Electors for President and Vice President of the United States’ and signed the documents. But their efforts weren’t signed by governors or the top state elected officials whose approval was needed.
Those officials ended up backing the electors who went along with the votes certified by states, even in instances where top election officials were Republicans, such as Georgia and Arizona.
Sources told CNN last week that Trump lawyer Rudy Giuliani coordinated the effort.
The documents didn’t change the outcome. In the end, Congress ended up accepting the electors certified by states, with enough sufficient to make Biden the winner.
Attorney General Merrick Garland said on the anniversary of Jan. 6th: ‘The Justice Department remains committed to holding all January 6th perpetrators, at any level, accountable under law, whether they were present that day or were otherwise criminally responsible for the assault on our democracy.’
But the DOJ has faced criticism for appearing to focus on lower-level defendants who breached the Capitol and battled law enforcement. The House January 6th Committee in a series of subpoenas has sought information on people who helped develop a theory and strategy where Congress might fail to accept votes certified for Biden.
Rep. Mark Pocan (D-Wis.) wrote DOJ to provide the names of 10 fake pro-Trump electors.
‘I’ve had people in my district ask me what’s being done with these folks, he told the New York Times. ‘Enough people kept bringing it up. If people think they can get away with some scam, they’ll try another and another.’
The House Jan. 6th committee is also probing the matter. ‘We want to look at the fraudulent activity that was contained in the preparation of these fake Electoral College certificates, and then we want to look to see to what extent this was part of a comprehensive plan to overthrow the 2020 election,’ said Rep. Jamie Raskin (D-Md.), a member of the select committee.