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Donald Trump investigation: Subpoenaed fake electors have criminal liability, says former federal prosecutor

Gage Skidmore / Wikimedia Commons

One of the developments in the investigation into the efforts by former President Donald Trump and his allies to overturn the 2020 election was the scheme of submitting fake electors. With 14 of those fake electors receiving subpoenas from the congressional committee, a former federal prosecutor says they would be held criminally liable.

Speaking on MSNBC, Daniel Goldman, who was the lead counsel in the House during Trump’s first impeachment trial, said that the committee’s move to subpoena 14 of the fake electors is another significant step in their probe. Goldman explained that the fake slate of electors is facing criminal liability and will more than likely cooperate with the authorities involved.

Host Nicolle Wallace suggested that the former president is ultimately responsible for the fake electors and that the scheme was “top-down driven.” Wallace noted that it seemed impossible for the seven states that went to Joe Biden would come up with a plan to submit a false slate of electors to overturn the results.

When asked if those electors, especially those who were subpoenaed, could be held criminally liable, Goldman said yes.

“They were a part of this, particularly the ones who knew that the document they signed was going to be fraudulently certified and sent to Congress,” said Goldman. “They knew what was a forgery. They knew that was bogus…And so there is absolutely criminal liability and what I think you will see is, all of these electors running as fast as they can to meet with the Department of Justice to cooperate to get themselves out of trouble, and go up the food chain about people who were directing them, and as we know by now, that’s how investigations work.”

Meanwhile, a top Senate Democrat ripped into the recent speech the former president made during his latest rally in Texas. Trump offered to pardon all the defendants of the January 6 Capitol insurrection should he be re-elected to office in 2024. Senator Patrick Leahy, who also serves as the senate president pro tempore, said he could not believe he was hearing this from a potential presidential candidate.

Leahy recalled his experience during the insurrection, noting the common statements made by the insurrectionists, saying that Trump told them to break into the Capitol on that day.

“This is not a democracy. This is something you’d see in a third-world nation with a two-bit dictator,” said Leahy.

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