NEW YORK, NEW YORK - OCTOBER 3: Former U.S. President Donald Trump appears in the courtroom with his lawyers for his civil fraud trial at New York State Supreme Court on October 03, 2023 in New York City. Former President Trump may be forced to sell off his properties after Justice Arthur Engoron canceled his business certificates and ruled that he committed fraud for years while building his real estate empire after being sued by Attorney General Letitia James, who is seeking $250 million in damages. The trial will determine how much he and his companies will be penalized for the fraud. (Photo by Shannon Stapleton-Pool/Getty Images)
The media has given considerable attention to the four criminal cases involving former President Donald Trump, which have been prominent in news coverage since April when he became the first president, past or present, to face charges.
But behind the scenes, state attorneys general are probing whether Trump may face further charges for his actions to retain power following his defeat in the 2020 election.
The prosecutorial divisions in several swing states are currently investigating groups of alleged fake electors who falsely claimed that Trump had won the presidential election in 2020.
The swing states’ probes have the potential to be significant for Trump and his supporters, leading to further legal complications for the former president, particularly as his federal and Georgia lawsuits related to his attempts to manipulate the outcome of the 2020 election move forward.
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The plan, led by attorney John Eastman with support from other legal experts, involved a strategy wherein former Vice President Mike Pence would support slates of counterfeit electors who favored Trump in key states. These “fake” electors were intended to replace the legitimate electoral votes that were cast for Biden.
However, on January 6, 2021, during the election certification, Pence refused to support the scheme. He expressed in a letter that his commitment to upholding and protecting the Constitution prevents him from assuming sole authority to decide which electoral votes are valid and which are not.
Following Pence’s refusal and the election outcome, a mob of pro-Trump supporters forcefully entered the Capitol building to protest Trump’s loss in the election.
In Georgia, Arizona, Michigan, Pennsylvania, New Mexico, Nevada and Wisconsin, a group of individuals gathered as purported electors without any legitimacy, asserting that they were chosen as duly elected representatives from their respective states despite the fact that Trump had lost all of those states.
Among them, three of Georgia’s 16 fake electors faced charges in a racketeering case led by Fulton County District Attorney Fani Willis.
Several other substitute electors have agreed to immunity agreements.
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