District Judge Mary Kay Holthus dismissed the Nevada false electors case on Thursday, ending the state forgery prosecution against six Republicans accused of trying to hand Nevada’s electoral votes to Donald Trump after the 2020 election. The ruling removed the case from district court and set up a possible appeal from the Nevada Attorney General’s office.
Mary Kay Holthus and Clark County
Holthus said prosecutors had not proven the essential elements of the charges, which were offering false instrument for filing or record and uttering forged instruments: forgery. The defendants had been accused of gathering outside the Nevada Legislature and signing a certificate that purported to give Trump the votes, then sending it to officials.
Jesse Law was among the six Republicans. He was chair of the Clark County Republican Party when the case was filed, and he later lost that position when Jill Douglass was elected as the new chair. Michael McDonald was another defendant.
June 2024 ruling
The Thursday dismissal came after Holthus previously threw out the case in June 2024 for what she saw as a lack of jurisdiction in Clark County. The Nevada Supreme Court later reversed that ruling, sending the case back for a merits decision instead of ending it on jurisdiction alone.
Holthus also said earlier this year, “I’m struggling” and “I’m back and forth. I could probably argue both your sides.” That remark signaled that the legal issue before her was not whether the events were politically significant, but whether the state had met the proof needed for the forgery counts.
Aaron Ford appeal
Nevada Attorney General Aaron Ford said the ruling was “wrong.” John Sadler said prosecutors would appeal the decision, keeping the dispute alive after the district court dismissal.
Richard Wright, who represents Michael McDonald, said, “This looks like a political decision,” while Monti Levy, joined by Maggie McLetchie, said, “Jointly, we all intend to defend our clients vigorously throughout this appeal, if they file one, and we believe that Mary Kay Holthus has made the absolute correct decision in this case.” The case now turns to whether the appeal is filed and how the state frames its challenge to the dismissal.
