Dem
51
GOP
49
It took a long time for Nevada Attorney General Aaron Ford (D) to bring a case against his state's fake Trump electors. And when he did it, he chose to pursue the matter in Clark County, which is where Las Vegas is located. Ford had an argument for doing so, since some of the fake electors live in Clark County, and since the scheme was effectively an attempt to defraud all Nevada voters (or, at least, all Nevada voters who voted for someone other than Donald Trump). However, it surely did not escape Ford's attention that Clark County is the state's bluest county, while most of the rest of Nevada is very red. Here is the state's 2020 electoral map:
The only other blue county, besides Clark, is Washoe, which is where Reno is located.
Judge Mary Kay Holthus thought this decision was kosher enough that she allowed the trial to be calendered (it was supposed to start in January). But, asked by the defense to consider the question of venue, she concluded that they had a point. Announcing her decision on Friday, she said that Carson City County (yes, that is the correct name) is where the case should have been filed, since that is where the fake electoral certificates were signed. So, she dismissed the case without prejudice. Note that Carson City County is roughly 20 points redder than Clark County.
This decision left Ford with three choices. First, he could attempt to refile in Washoe County, which is much closer to the "scene of the crime," but is still blue. That is defensible (and Holthus hinted as much) because Washoe is much larger than Carson City and so is better equipped to handle a high-profile case. Second, he could attempt to refile in Carson City, where there would be no question of venue, but plenty of fanatically Trumpy voters. The issue with either of these options is that the statute of limitations (3 years) has run on the underlying crimes. That may or may not be an issue, since the clock theoretically stops once an indictment is filed. But it's an angle that the defense has vowed to pursue if Ford tries to re-file.
The third option is to go to the Nevada Supreme Court and ask them to overrule Holthus. This is the option that Ford says he will pursue. This makes sense, since he's going to end up arguing procedural questions one way or the other, and this route is the only one that gets him the Clark County jury he wants. If he loses on this line of argument, he can still go back, try to re-file, and argue that the statute of limitations does not apply.
After Holthus announced her decision, Republicans were curiously quiet about it, despite its ostensibly being an exoneration. Why? We don't know, but here are some theories:
Anyhow, this story is at an end for now. We'll see soon if the case rises from the dead. (Z)