The Disparate Treatment Of Trump's Fake Electors Is A Serious Concern, Says Legal Expert: 'It's So Unusual To Have This Situation'

Eighty-four Republicans across seven states falsely claimed to be Donald Trump‘s presidential electors in December 2020. Now, three and a half years later, many reportedly face criminal charges that could result in lengthy prison terms.

While all of the fake electors engaged in the same scheme, their treatment has varied based on location: some face serious charges, while others have been seen as unwitting participants, reported Politico.

In Arizona, Michigan, and Nevada, all but one fake elector face felony charges, with one receiving immunity through cooperation. 

Conversely, those in New Mexico, Pennsylvania, and Wisconsin remain uncharged. In Georgia, three fake electors were charged alongside Trump, while others secured immunity deals, Politico added.

Across all seven states, Wisconsin lawyer Kenneth Chesebro, a key figure in the scheme, received lenient treatment after a plea deal in Georgia. He faces no charges elsewhere. 

Georgia and Arizona’s attorneys general are the sole state prosecutors to charge any organizers. At the federal level, special counsel Jack Smith implicated Trump in the scheme in his case against him.

The widely differing legal outcomes for the fake electors have raised concerns, particularly as it seems those supervised by Chesebro may face harsher penalties than he will.

“In many instances, I actually think that the state-level electors themselves were the dupes in the fraud, rather than the fraudsters themselves,” said Ryan Goodman, a law professor at New York University who has closely tracked the issue, according to Politico. 

“It’s so unusual to have this situation whereby it’s as though Kenneth Chesebro, the principal, is flipping on the subordinates — rather than the normal prosecutorial strategy of going up the chain of command.”

According to Derek Muller, a professor at the University of Notre Dame’s law school, this discrepancy stems from America’s “unusual” election system.

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Disclaimer: This content was partially produced with the help of AI tools and was reviewed and published by Benzinga editors.

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