this post was submitted on 06 Jan 2024
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New Mexico’s top prosecutor said Friday that the state’s five Republican electors cannot be prosecuted under the current law for filing election certificates that falsely declared Donald Trump the winner of the 2020 presidential race.

However, Democratic Attorney General Raúl Torrez is making recommendations to state lawmakers that he says would enhance the security of the state’s electoral process and provide legal authority for prosecuting similar conduct in the future.

New Mexico is one of several states where Republican electors attempted to cast ballots indicating that Trump had won, a strategy at the center of criminal charges against Trump and his associates. Democratic officials launched separate investigations in some states, resulting in indictments against GOP electors.

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[–] FuglyDuck@lemmy.world 61 points 10 months ago (2 children)

I dunno... I'd imagine there's something about "fraud" and "impersonating a government official" and, you know... TRYING TO OVERTURN A LEGITIMATE ELECTION!

This guy's making excuses.

[–] Zoboomafoo 4 points 10 months ago (2 children)

What's the law say? What's the loophole that the fake electors exploited? What's the change that the AG proposes?

Do you know anything about what you're talking about?

[–] jpreston2005@lemmy.world 5 points 10 months ago (1 children)

gee i wonder how all those other fake electors are being prosecuted then... remains a mystery

[–] Zoboomafoo 4 points 10 months ago* (last edited 10 months ago) (3 children)

In different states, which have different laws. I'm going to assume you're just temporarily ignorant

https://www.law.cornell.edu/wex/federalism

[–] jpreston2005@lemmy.world 1 points 10 months ago

oh look, he's wrong AND an asshole

[–] pearsaltchocolatebar@discuss.online 1 points 10 months ago (2 children)

The fake electors in those states are facing federal charges, buddy.

[–] quindraco@lemm.ee 7 points 10 months ago

Then they're not relevant, friendo. This article is about the New Mexico AG, who by definition can only bring state charges against people, explaining that he can't bring state charges against these people. Bringing up other people in other states facing federal charges is about as relevant as bringing up recent criminal cases from Vietnam.

[–] Zoboomafoo 6 points 10 months ago

The article is talking about New Mexico's laws, pal

[–] Coasting0942@reddthat.com 4 points 10 months ago (1 children)

Loophole was they added fine print

In New Mexico and Pennsylvania, fake electors added a caveat saying the certificate was submitted in case they were later recognized as duly elected, qualified electors. That would only have been possible if Trump had won any of several dozen legal battles he waged against states in the weeks after the election.

[–] Dkarma@lemmy.world 0 points 10 months ago

Imo this is what they were supposed to do. Depending on other circumstances I'd say the same as the ag

[–] jpreston2005@lemmy.world 28 points 10 months ago* (last edited 10 months ago) (1 children)

seems like this is akin to the same "qualified immunity" crap that cops have. I don't give a fuck if there's not a state law written specifically addressing this particular instance of participating in a fraudulent scheme to overturn the results of a legitimate election. Every other state where this happened the fake electors are facing federal charges.

Except here, in New Mexico, where the democrat attorney general for the state decided that THEY would do a state investigation instead of throwing it up to the federal level. It is within this narrow window that he decided they can't prosecute them. Raul Torrez. This man. He's the one making the decision to not go for federal charges. He is the person responsible for letting these people off the hook.

[–] plz1@lemmy.world 14 points 10 months ago

I'm pretty sure forging government documents is illegal everywhere, both at the state and federal level. They just don't want to prosecute, otherwise they'd "find" a law to apply to this.

[–] politicalincorruption@lemmy.world 26 points 10 months ago

Why the fuck is the legal hole still gaping three years later? Our legal system is garbage.

[–] autotldr@lemmings.world 5 points 10 months ago

This is the best summary I could come up with:


ALBUQUERQUE, N.M. (AP) — New Mexico’s top prosecutor said Friday that the state’s five Republican electors cannot be prosecuted under the current law for filing election certificates that falsely declared Donald Trump the winner of the 2020 presidential race.

Republican Party of New Mexico Chairman Steve Pearce said Friday that the state faced numerous election challenges that had the possibility of going before a court.

In 2020, President Joe Biden won the vote in New Mexico by roughly 11 percentage points — the largest margin among the states where so-called fake electors have been implicated.

Three fake electors also have been charged in Georgia alongside Trump and others in a sweeping indictment accusing them of participating in a wide-ranging scheme to illegally overturn the results of the presidential election.

While saying it was disgraceful that New Mexicans were enlisted in a plot to “undermine democracy,” Torrez acknowledged that the conduct by GOP electors in New Mexico was not subject to criminal prosecution.

Michelle Lujan Grisham and the Democratic-controlled Legislature to amend state election code to give prosecutors more latitude to pursue charges in these types of cases in the future.


The original article contains 689 words, the summary contains 190 words. Saved 72%. I'm a bot and I'm open source!

[–] Ensign_Crab@lemmy.world 5 points 10 months ago (1 children)
[–] surewhynotlem@lemmy.world 3 points 10 months ago (2 children)

You'd prefer he make up laws?

[–] aniki@lemm.ee 4 points 10 months ago (1 children)
[–] Zoboomafoo 2 points 10 months ago (1 children)

According to state law, they didn't commit fraud.

That's the point of the article

[–] Ensign_Crab@lemmy.world 2 points 10 months ago (2 children)

Article doesn't mention fraud at all.

[–] Zoboomafoo 0 points 10 months ago (1 children)

What do you think filing false paperwork constitutes?

[–] Ensign_Crab@lemmy.world 3 points 10 months ago* (last edited 10 months ago) (1 children)

So is fraud legal in New Mexico, or only if you're a Republican and the AG doesn't want to pursue the case?

[–] Zoboomafoo 1 points 10 months ago (2 children)

Why are you saying he doesn't want to pursue the case?

[–] pearsaltchocolatebar@discuss.online 2 points 10 months ago (1 children)

Because that's what the article says. There are absolutely charges that could be brought against them. Fraud, for one.

[–] Zoboomafoo 0 points 10 months ago (1 children)

So you want the AG to bring fraud charges against the fake electors, despite his professional opinion as the head legal officer of the state of New Mexico that what they did does not constitute as fraud according to New Mexico law?

[–] Ensign_Crab@lemmy.world 2 points 10 months ago

You're just happy that he's letting fake electors walk, so you're instantly accepting any excuse.

[–] Ensign_Crab@lemmy.world 1 points 10 months ago (1 children)

Because I'm not giving him the benefit of the doubt.

[–] Zoboomafoo 0 points 10 months ago (1 children)

Assuming the worst of everyone is an awful way to live

[–] Ensign_Crab@lemmy.world 2 points 10 months ago

Instantly accepting bullshit excuses is how you get taken advantage of.

If he didn't want to be called complicit, he shouldn't have been complicit.

[–] Ensign_Crab@lemmy.world 1 points 10 months ago (1 children)

Fraud is a crime. If he doesn't want to be called complicit, he can stop being complicit.

[–] surewhynotlem@lemmy.world 3 points 10 months ago

Are you complicit because you have no legal way to do anything about it?

[–] aniki@lemm.ee 4 points 10 months ago

What a chickenshit.

[–] Lophostemon@aussie.zone 1 points 10 months ago

That’s a big ole’ desert that state has. Wouldn’t it be nice for those fake electors to be given a courtesy tour, to show the state’s appreciation for their misguided efforts but no hard feelings, of the deep wilderness?