Trump attorneys face penalties in Michigan election case
DETROIT – A federal judge considering whether to order sanctions against some of former President Donald Trump’s attorneys spent hours Monday drilling into details about an unsuccessful lawsuit that challenged Michigan’s 2020 election results.
The lawsuit alleging widespread fraud was dropped after the judge found nothing but “speculation and conjecture” that votes for Trump somehow were destroyed or switched to votes for Joe Biden, who won Michigan by 2.8 percentage points.
Democratic Gov. Gretchen Whitmer and the city of Detroit now want the plaintiffs and a raft of attorneys, including Trump allies Sidney Powell and L. Lin Wood, to face the consequences of pursuing what they called frivolous claims, the first effort to wrench fines or other penalties.
“It was never about winning on the merits of the claims, but rather (the) purpose was to undermine the integrity of the election results and the people’s trust in the electoral process and in government,” the state attorney general’s office said in a court filing.
U.S. District Judge Linda Parker repeatedly asked what lawyers did to assure themselves that allegations from Trump voters about fraud appeared legitimate. No one raised a hand in many instances. At other times, they said affidavits from people in counting centers simply were intended to reinforce reports by their election experts.
“If you have not asked the minimal questions, I find that problematic,” Parker said of the affidavits. “I’m trying to determine the level of inquiry.”
Wood’s name was on the lawsuit. But he insisted he had no role other than to tell Powell that he would be available if the parties needed a seasoned litigator.
“I didn’t do anything in Michigan,” Wood told the judge during a Zoom hearing that at times attracted more than 5,000 people watching the video conference.
There is no evidence of widespread fraud in the 2020 election. Election officials from both political parties have stated publicly that the election went well, and international observers confirmed there were no serious irregularities.
The lawsuit was filed on behalf of six Republican voters who wanted Parker to decertify Michigan’s election results and impound voting machines. Parker declined in December, calling the request “stunning in its scope and breathtaking in its reach.”
Powell, based in Dallas, said little until the last two minutes of the hourslong hearing. She took “full responsibility” for the lawsuit and compared the legal fight to the 1954 U.S. Supreme Court decision that outlawed racial segregation in schools.
“It is the duty of lawyers and the highest tradition of the practice of law to raise difficult and even unpopular issues,” Powell said. “The fact that there may have been even adverse precedent against us does not change that fact.”
The sanctions hearing, she added, “is one of the proceedings that leaves the American public with no confidence either in our election system or in our judicial system.”
Whitmer and Secretary of State Jocelyn Benson, also a Democrat, want the state to receive at least $11,000 in legal fees.