- Joined
- Nov 23, 2019
- Messages
- 34,728
- Reaction score
- 75,429
Well, here’s one for the WR Righties to gloat about.
Nevada Judge Mary Kay Hothus has dismissed all charges against the NV fake electors, citing that the case was brought forth in the wrong venue. For those who don’t understand what that means, Article 3 Section 3 of the US Constitution states that trials must occur in the state where the crime occurred. State laws then typically give further direction on the correct venue to try a criminal case.
Nevada state law NRS 13.020 indicates that the fake electors case be tried in the county where “the cause, or some part thereof, arose, subject to the power of the court to change the place of trial.”
These fake electors are charged with forging the document which stated they were legally qualified electors (full indictment here). That document was signed in Carson City, and for that reason, the judge ruled that Vegas was the wrong venue.
My opinion: Sadly, I think this judge is correct.
NV AG Aaron Ford brought the charges in Las Vegas, ostensibly because the conspiracy was hatched there—but these defendants weren’t charged with conspiracy, they were charged with forgery, which happened elsewhere.
AG Ford has the right to appeal, and has vowed to do so. But the statute of limitations on this crime has expired, so if he loses that appeal he cannot convene a new Grand Jury and try to refile the case. It will be dead.
This is just a stupid blunder to make, and I think we have to file this one in the “Why the Absolute Fuck Would You Do That” category.
Nevada Judge Mary Kay Hothus has dismissed all charges against the NV fake electors, citing that the case was brought forth in the wrong venue. For those who don’t understand what that means, Article 3 Section 3 of the US Constitution states that trials must occur in the state where the crime occurred. State laws then typically give further direction on the correct venue to try a criminal case.
Nevada state law NRS 13.020 indicates that the fake electors case be tried in the county where “the cause, or some part thereof, arose, subject to the power of the court to change the place of trial.”
These fake electors are charged with forging the document which stated they were legally qualified electors (full indictment here). That document was signed in Carson City, and for that reason, the judge ruled that Vegas was the wrong venue.
My opinion: Sadly, I think this judge is correct.
NV AG Aaron Ford brought the charges in Las Vegas, ostensibly because the conspiracy was hatched there—but these defendants weren’t charged with conspiracy, they were charged with forgery, which happened elsewhere.
AG Ford has the right to appeal, and has vowed to do so. But the statute of limitations on this crime has expired, so if he loses that appeal he cannot convene a new Grand Jury and try to refile the case. It will be dead.
This is just a stupid blunder to make, and I think we have to file this one in the “Why the Absolute Fuck Would You Do That” category.