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Legal Analysis, Reports September 26, 2022

The January 6 Hearings: Michigan Spotlight 

The Michigan Spotlight includes events in the state leading up to the January 6 attack, participation by Michigan actors in relevant events and the attack itself, efforts in Michigan to discredit or reverse the outcome of the presidential election, and subsequent post-January 6 events.

Issue Areas

Updated September 26, 2022

Background: The United States House Select Committee to Investigate the January 6th Attack on the United States Capitol (January 6 Select Committee) is holding oversight hearings in June 2022. It will present public testimony, evidence, and analysis relating to the January 6, 2021 attack, its run-up, and its aftermath. The attack and effort to undermine the will of the American voters did not happen in a vacuum. Fueled by misinformation and lies about the 2020 election, many of the key actors involved and key actions taken that contributed to the attack originated from the states. After all, while elections are national events, they are run and led by the states.

The States United Democracy Center has created a series of state-by-state guides to the January 6 attack highlighting activities that sought to undermine our free, fair, and secure elections. The Michigan Spotlight includes events in the state leading up to the January 6 attack, participation by Michigan actors in relevant events and the attack itself, efforts in Michigan to discredit or reverse the outcome of the presidential election, and subsequent post-January 6 events.

Events leading up to the January attack

Supporters of then-President Trump held rallies throughout the country attempting to discredit the 2020 presidential election process and challenging the official election results, including in Michigan, despite lacking factual basis for their allegations.

Actors involved in January 6 activities

The Washington Post compiled a timeline documenting how January 6, 2021 progressed from Trump’s “Save America” rally on the White House Ellipse to the breach and attack on the U.S. Capitol. Just Security and Protect Democracy compiled a primer that organizes and distills the multiprong campaign to overturn the 2020 election results.

Fraudulent presidential electors slate
Post January 6 developments

Michigan continues to be a hotbed of efforts to undermine nonpartisan election administration and spread disinformation about the 2020 presidential election results.

Highlights from the Hearings

The States United Democracy Center’s Michigan January 6 Spotlight outlines the events in the state leading up to the January 6 attack, participation by Michigan actors in related events and the attack itself, efforts in Michigan to discredit or reverse the outcome of the presidential election, and subsequent post-January 6 events. The following is a summary of the evidence presented at the January 6 Select Committee hearings related to Michigan.

  • Pressure campaign to overturn Michigan’s presidential election results

    • Trump mounted a pressure campaign directed at individual state legislators in Michigan to convince them to install “fake electors” who could replace the Biden electors.63 June 21, 2022 Hearing: U.S. House Select Committee to Investigate the January 6th Attack on the United States Capitol, 117th Cong. (2022) (Testimony of Josh Roselman). https://www.npr.org/2022/06/21/1105848096/jan-6-committee-hearing-transcript. See also Orner, B. (2022, June 21). Trump’s push for Michigan ‘fake electors’ a focus of fourth Jan. 6 hearing. MLive. https://www.mlive.com/public-interest/2022/06/trumps-push-for-michigan-fake-electors-a-focus-of-fourth-jan-6-hearing.html. As part of that pressure campaign, in mid-November 2020, Trump invited a delegation from Michigan, including Michigan Senate Majority Leader Mike Shirkey (R-Clark Lake) and then-House Speaker Lee Chatfield (R-Levering), to a meeting at the White House.64 June 21, 2022 Hearing: U.S. House Select Committee to Investigate the January 6th Attack on the United States Capitol, 117th Cong. (2022) (Testimony of Mike Shirkey), https://www.npr.org/2022/06/21/1105848096/jan-6-committee-hearing-transcript. The January 6 Select Committee presented deposition testimony from Shirkey, who recalled telling Trump at the White House meeting that “we were going to follow the law” despite Trump’s pressure tactics.65See note 78.
    • The January 6 Select Committee presented deposition testimony from former Michigan Republican Party Chair Laura Cox explaining that she was approached by an attorney who “said he was working with [Trump’s] campaign,” and told her that a group of “Republican electors” in Michigan planned to meet in the State Capitol building and hide overnight to ensure that they could access the building.66 June 21, 2022 Hearing: U.S. House Select Committee to Investigate the January 6th Attack on the United States Capitol, 117th Cong. (2022) (Testimony of Laura Cox), https://www.npr.org/2022/06/21/1105848096/jan-6-committee-hearing-transcript. She “told him in no uncertain terms that that was insane and inappropriate.”67 See note 80.
  • Protests and threats towards state officials

    • The day after the Michigan legislators visited the White House, Trump posted on Facebook their contact information, including Shirkey’s personal phone number.68 See note 78. The January 6 Select Committee presented portions of Shirkey’s deposition testimony documenting the aftermath: “All I remember is receiving over just shy of 4,000 text messages over a short period of time calling to take action. It was a loud noise, loud consistent cadence of, you know, we hear that—that the Trump folks are calling and asking for changes in the electors and you guys can do this. Well, you know they were—they were believing things that were untrue.”69 See note 78.
    • The January 6 Select Committee played deposition testimony from Michigan Secretary of State Jocelyn Benson recounting how armed protesters surrounded her family home at night in the weeks following the election, calling her a “threat to democracy.”70 June 21, 2022 Hearing: U.S. House Select Committee to Investigate the January 6th Attack on the United States Capitol, 117th Cong. (2022) (Testimony of Jocelyn Benson), https://www.npr.org/2022/06/21/1105848096/jan-6-committee-hearing-transcript. See also Newman, E. (2022, June 21). Jan. 6 committee hearings: Michigan officials targeted in Trump’s “pressure campaign.” WDET. https://wdet.org/2022/06/21/jan-6-committee-hearings-michigan-officials-targeted-in-trumps-pressure-campaign/.
Additional resources

Sources

  1. Remarks by President Trump in Listening Session with African American Leaders. (2020, May 21). The White House. https://trumpwhitehouse.archives.gov/briefings-statements/remarks-president-trump-listening-session-african-american-leaders-ypsilanti-mi/.

  2. Sullivan, T., & Geller, A. (2020, November 7). Increasingly normal: Guns seen outside vote counting centers. AP. https://apnews.com/article/protests-vote-count-safety-concerns-653dc8f0787c9258524078548d518992.

  3. See note 2.

  4. Baldas, T., et al. (2020, November 6). ‘Get to TCF’: What really happened inside Detroit’s ballot counting center. Detroit Free Press. https://www.freep.com/story/news/local/michigan/detroit/2020/11/06/tcf-center-detroit-ballot-counting/6173577002/.

  5. Abdel-Baqui, O., et al. (2020, November 6). Protesters rally at TCF Center as Biden’s lead overtakes Trump in key states. Detroit Free Press. https://www.freep.com/story/news/local/michigan/detroit/2020/11/06/protesters-rally-tcf-center-detroit-biden-ballots/6186881002/.

  6. Timm, J. (2020, November 18). Fact check: Trump’s bogus claim of more votes in Detroit than people. NBC News. https://www.nbcnews.com/politics/2020-election/fact-check-trump-s-bogus-claim-more-votes-detroit-people-n1248121 See also Kessler, G. & Rizzo, S. (2020, November 5). President Trump’s false claims of vote fraud: A chronology. The Washington Post. https://www.washingtonpost.com/politics/2020/11/05/president-trumps-false-claims-vote-fraud-chronology/.

  7. Hendrickson, C. (2020, November 19). Donald Trump called Monica Palmer after Wayne County Board of Canvassers meeting. Detroit Free Press. https://www.freep.com/story/news/local/michigan/detroit/2020/11/19/trump-monica-palmer-wayne-canvassers-certification-election/3776190001/.

  8. Long, C. et al (2020, November 19). Trump, allies make frantic steps to overturn Biden victory. Associated Press. https://apnews.com/article/trump-allies-try-overturn-biden-victory-29da6aac9cc41e47f3095855e7af7031/.

  9. Boucher, D. (2020, November 20). Michigan Speaker Chatfield: ‘I won’t apologize’ for meeting with President Trump. Detroit Free Press. https://www.freep.com/story/news/politics/elections/2020/11/20/lee-chatfield-trump-meeting/6358414002/.

  10. Boucher, D., & Hendrickson, C. (2020, November 21). Trump tweets undermine Michigan leaders; images show Chatfield drinking at Trump Hotel. Detroit Free Press. https://www.freep.com/story/news/politics/elections/2020/11/21/michigan-gop-trump-meeting-shirkey-chatfield/6374174002/.

  11. King et al. v. Whitmer et al., No. 2:20-cv-13134-LVP-RSW (E.D. Mich. Dec. 7, 2020), ECF No. 62.; Hendrickson, C. (2021, December 2). Judge imposes sanctions on Sidney Powell, lawyer involved in election conspiracy lawsuit. Detroit Free Press. https://www.freep.com/story/news/local/michigan/2021/12/02/sidney-powell-michigan-election-conspiracy-lawsuit/8843626002/.

  12. See note 11; ‘Profound abuse’: Judge disciplines pro-Trump lawyers over election lawsuit. Reuters. https://www.reuters.com/world/us/judge-sanctions-sidney-powell-other-pro-trump-lawyers-who-claimed-voter-fraud-2021-08-25/.

  13. Bidgood, J. (2021, July 5). Aaron Van Langevelde’s speech about the 2020 election: ‘We were asked to take power we didn’t have,’ Boston Globe. https://www.bostonglobe.com/2021/07/05/nation/aaron-van-langeveldes-speech-about-2020-election-we-were-asked-take-power-we-didnt-have/.

  14. Grayer, A., et al. (2020, November 23). Michigan certifies Biden’s win as Trump challenges in other key states fizzle. CNN. https://www.cnn.com/2020/11/23/politics/michigan-certify-election-results-monday/index.html; Egan, P. (2021, January 18). Republican Party moves to replace GOP board member who voted to certify Michigan election. Detroit Free Press. https://www.freep.com/story/news/politics/elections/2021/01/18/gop-does-not-reappoint-vanlangevelde-board-canvassers/4207223001/.

  15. Cohen, M., et al. (2022, January 20). Trump campaign officials, led by Rudy Giuliani, oversaw fake electors plot in 7 states. CNN. https://www.cnn.com/2022/01/20/politics/trump-campaign-officials-rudy-giuliani-fake-electors/index.html.

  16. Gibbons, L. (2020, December 3). In unusual hearing, Rudy Giuliani asks Michigan lawmakers to ‘take back your power.’ MLive. https://www.mlive.com/public-interest/2020/12/in-unusual-hearing-rudy-giuliani-asks-michigan-lawmakers-to-take-back-your-power.html.

  17. Liptak, A. (2020, December 11). Texas files an audacious suit with the Supreme Court challenging the election results. The New York Times. https://www.nytimes.com/2020/12/08/us/politics/texas-files-an-audacious-suit-with-the-supreme-court-challenging-the-election-results.html.

  18. Cobb, T. (2022, March 8).State Bar Complaint Against Attorney General Ken Paxton to Proceed After Key Deadline Passes. The Texas Tribune. https://www.texastribune.org/2022/03/08/state-bar-paxton-complaint/.

  19. American Oversight Obtains Seven Phony Certificates of Pro-Trump Electors. (2021, March 2). America Oversight. https://www.americanoversight.org/american-oversight-obtains-seven-phony-certificates-of-pro-trump-electors; Sherman, A. (2022, January 28). What you need to know about the fake Trump electors. PolitiFact. https://www.politifact.com/article/2022/jan/28/what-you-need-know-about-fake-trump-electors/.

  20. Boucher, D. (2020, December 14). Michigan’s Electoral College delegates cast all 16 votes for Joe Biden, Kamala Harris. Detroit Free Press. https://www.freep.com/story/news/politics/elections/2020/12/14/michigans-electoral-college-16-votes-joe-biden-kamala-harris/6538683002.

  21. The following Michigan state legislators signed the letter: Reps. Julie Alexander of Hanover, Ken Borton of Gaylord, Steve Carra of Three Rivers, Gary Eisen of St. Clair Township, Beth Griffin of Mattawan, Matt Maddock of Milford, Luke Meerman of Coopersville, John Reilly of Oakland Township, Daire Rendon of Lake City, Mary Whiteford of Casco Township, and Doug Wozniak of Shelby Township; Mauger, C. (2022, January 5). These Michigan lawmakers sought to delay certifying 2020 election. The Detroit News. https://www.detroitnews.com/story/news/politics/2022/01/06/these-michigan-lawmakers-sought-delay-certifying-2020-s-election/9104179002/.

  22. Letter to Vice President Michael R. Pence. (2021, Jan. 5). The Wisconsin Examiner. https://wisconsinexaminer.com/wp-content/uploads/2021/01/Letter-to-Pence-1.pdf; Timm, C. (2021, Jan. 5). Fact check: No, Pence can’t overturn the election results. NBC News. https://www.nbcnews.com/politics/donald-trump/fact-check-no-pence-can-t-overturn-election-results-n1252869.

  23. Eisler, P., et al. (2021, December 30). Anatomy of a death threat. Reuters. https://graphics.reuters.com/USA-ELECTION/THREATS/mopanwmlkva/.

  24. Helderman, R. (2022, May 17). Senior Trump official at State met with election denial activists Jan. 6. The Washington Post. https://www.washingtonpost.com/politics/2022/05/17/senior-trump-official-state-met-with-election-denial-activists-jan-6.

  25. Welcome to American Patriot Council. (n.d.). American Patriot Council. https://www.americanpatriotcouncil.org/.

  26. Santistevan, R. (2020, October 23). American Patriot Council: What to know about right-wing group. Times Herald-Record. https://www.recordonline.com/story/news/local/2020/10/23/american-patriot-council-what-know-right-wing-organization/3741250001/.

  27. Oosting, J. (2021, May 25). They were at the Capitol riot. Now, these Michigan Republicans want your vote. Bridge Michigan. https://www.bridgemi.com/michigan-government/they-were-capitol-riot-now-these-michigan-republicans-want-your-vote.

  28. See note 28.

  29. See note 28.

  30. Home – American Patriot Council. (n.d.).American Patriot Councilhttps://www.americanpatriotcouncil.org; Santistevan, R. (2020, October 23). American Patriot Council: What to know about right-wing group. Times Herald-Record. https://www.recordonline.com/story/news/local/2020/10/23/american-patriot-council-what-know-right-wing-organization/3741250001.

  31. See note 28.

  32. Snell, R. et al. (2022, June 9). Michigan GOP gubernatorial candidate Ryan Kelley arrested on Jan. 6 riot-related charges. The Detroit News. https://www.detroitnews.com/story/news/local/michigan/2022/06/09/ryan-kelley-michigan-republican-gop-governor-candidate-arrested/7566967001/.

  33. Egan, P., & Hendrickson, C. (2021, January 7). Activist who organized buses to DC about to take Mich. GOP role. Detroit Free Press. https://www.freep.com/story/news/politics/elections/2021/01/07/capitol-riot-meshawn-maddock-michigan-republican-cochair/6577739002.

  34. Cohen, M., et al. (2022, January 20). Trump campaign officials, led by Rudy Giuliani, oversaw fake electors plot in 7 states. CNN. https://www.cnn.com/2022/01/20/politics/trump-campaign-officials-rudy-giuliani-fake-electors/index.html; Maddock, M. [@CoChairMeshawn [footnote]. (2021, January 1). #Michigan will be there! 12 buses and thousands of cars caravanning! [Tweet [footnote]. Twitter. https://twitter.com/CoChairMeshawn/status/1345151501027713024?s=20.

  35. See note 28.

  36. See note 28.

  37. See note 28.

  38. American Oversight Obtains Seven Phony Certificates of Pro-Trump Electors. (2021, March 2). America Oversight. https://www.americanoversight.org/american-oversight-obtains-seven-phony-certificates-of-pro-trump-electors; Sherman, A. (2022, January 28). What you need to know about the fake Trump electors. PolitiFact. https://www.politifact.com/article/2022/jan/28/what-you-need-know-about-fake-trump-electors/.

  39. Feuer, A., et al. (2022, March 25). Intensifying Inquiry Into Alternate Electors Focuses on Trump Lawyers. The New York Timeshttps://www.nytimes.com/2022/05/25/us/politics/pro-trump-lawyers-elector-scheme.html; Polantz., K., & Reid, P. (2022, March 25). DOJ probe of fake elector plot seeks information about Trump’s top lawyers and advisers. CNN. https://www.cnn.com/2022/05/25/politics/justice-department-fake-elector-plot-trump-lawyers-advisers/index.html; Boucher, D. (2022, January 19). Nessel: Fake GOP electors committed crimes, hopes feds prosecute ‘conspiracy.’ Detroit Free Presshttps://www.freep.com/story/news/politics/2022/01/18/nessel-gop-electors-crimes-lansing-michigan/6563387001/.

  40. Berden, K. (2020, December 14). Michigan’s Electoral Votes for President and Vice President [Memorandum [footnote]. Politicohttps://www.politico.com/f/?id=0000017e-3677-d41e-afff-fe7f35620000; Lerner, K. (2022, Feb 2). Trump’s fake electors: Here’s the full list. The Michigan Advance. https://michiganadvance.com/2022/02/04/trumps-fake-electors-heres-the-full-list/.

  41. Hendrickson, C., & Boucher, D. (2022, January 20). Michigan GOP co-chair says Trump campaign directed fake electors, per CNN audio. Detroit Free Press & USA Today. https://www.usatoday.com/story/news/politics/2022/01/20/michigan-donald-trump-fake-electors/6601412001/.

  42. Lerner, K. (2022, February 4). Trump’s fake electors: Here’s the full list. The Michigan Advance. https://michiganadvance.com/2022/02/04/trumps-fake-electors-heres-the-full-list/; American Oversight Obtains Seven Phony Certificates of Pro-Trump Electors. (2021, March 2). American Oversight. https://www.americanoversight.org/american-oversight-obtains-seven-phony-certificates-of-pro-trump-electors.

  43. Draper, R. (2022, February 4). Michael Flynn is Still at War. The New York Times Magazine. https://www.nytimes.com/2022/02/04/magazine/michael-flynn-2020-election.html.

  44. Evans, Ken. (2021, August 26). Far-Right Supporters In Grand Rapids Go Viral For Their ‘Unique’ Perspectives. Mix 95.7 West Michigan. https://mix957gr.com/far-right-supporters-in-grand-rapids-go-viral-for-their-unique-perspectives/.

  45. See note 46.

  46. See note 46.

  47. Goshay, CM. (2022, February 18). ‘It’s how we’re going to take this country back.’ ReAwaken America tour hits Canton. The Repository. https://www.cantonrep.com/story/news/2022/02/18/maga-faithful-turn-out-pro-trump-reawaken-america-tour-canton/6835672001/.

  48. Bort, R. (2022, April 2). Delusional Trump Can’t Stop Lying About Election Fraud as He Teases 2024 Run at Michigan Rally. Rolling Stone. https://www.rollingstone.com/politics/politics-news/trump-michigan-rally-election-fraud-lies-2024-tease-1331686/.

  49. Schonfeld, Z. (2022, June 7). Here’s a list of the people who have been subpoenaed by the Jan. 6 committee. The Hill. https://thehill.com/news/house/3514712-heres-a-list-of-the-people-who-have-been-subpoenaed-by-the-jan-6-committee/.

  50. Mauger, C., & Nann, M. (2022, January 28). U.S. House Jan.6 committee subpoenas two Michigan Trump electors. The Detroit News. https://www.detroitnews.com/story/news/politics/2022/01/28/u-s-house-jan-6-committee-subpoenas-two-michigan-trump-electors/9257574002/.

  51. Eggert, D. (2022, February 16).Former Michigan GOP Chair Cox Criticizes Jan. 6 Subpoena. U.S. News. https://www.usnews.com/news/best-states/michigan/articles/2022-02-16/former-michigan-gop-chair-cox-criticizes-jan-6-subpoena.

  52. See notes 44 & 52.

  53. Robinson, S. (2021, October 6). 3 Michigan Republicans join national call for ‘forensic audit’ of 2020 election. MLive. https://www.mlive.com/public-interest/2021/10/3-michigan-republicans-join-national-call-for-forensic-audit-of-2020-election.html.

  54. Yu, Y. (2022, April 22). Ballot measure to decertify Michigan 2020 election decried as ‘silly.’ Bridge Michigan. https://www.bridgemi.com/michigan-government/ballot-measure-decertify-michigan-2020-election-decried-silly.

  55. Mauger, C., & LeBlanc, B. (2022, June 4). Michigan authorities investigating Barry County Sheriff Dar Leaf’s election probe. The Detroit News. https://www.detroitnews.com/story/news/politics/2022/06/04/michigan-authorities-investigating-barry-county-sheriffs-election-probe/7516592001/.

  56. Powers, S. (2022, June 7). Barry County Sheriff Files Lawsuit Against Michigan Officials Over Election Fraud Investigation. CBS Detroit. https://detroit.cbslocal.com/2022/06/07/barry-county-sheriff-files-lawsuit-against-michigan-officials-over-election-fraud-investigation/.

  57. Hendrickson, C. (2022, April 29). Whitmer vetoes election bill proposing changes to voter registration application. Detroit Free Press. https://www.freep.com/story/news/politics/2022/04/29/whitmer-vetoes-bill-change-voter-registration-application/9592055002/; LeBlanc, B., & Harding, H. (2021, October 3). Gov. Whitmer vetoes four election bills at NAACP. The Detroit News. https://www.detroitnews.com/story/news/politics/2021/10/03/naacp-dinner-whitmer-vetoes-election-bills-big-lie/5984993001/.

  58. Replacing the Refs. (2022, June 6). States United Action.https://statesuniteddemocracy.org/resources/replacingtherefs/.

  59. June 21, 2022 Hearing: U.S. House Select Committee to Investigate the January 6th Attack on the United States Capitol, 117th Cong. (2022) (Testimony of Josh Roselman). https://www.npr.org/2022/06/21/1105848096/jan-6-committee-hearing-transcript. See also Orner, B. (2022, June 21). Trump’s push for Michigan ‘fake electors’ a focus of fourth Jan. 6 hearing. MLive. https://www.mlive.com/public-interest/2022/06/trumps-push-for-michigan-fake-electors-a-focus-of-fourth-jan-6-hearing.html.

  60. June 21, 2022 Hearing: U.S. House Select Committee to Investigate the January 6th Attack on the United States Capitol, 117th Cong. (2022) (Testimony of Mike Shirkey), https://www.npr.org/2022/06/21/1105848096/jan-6-committee-hearing-transcript.

  61. See note 78.

  62. June 21, 2022 Hearing: U.S. House Select Committee to Investigate the January 6th Attack on the United States Capitol, 117th Cong. (2022) (Testimony of Laura Cox), https://www.npr.org/2022/06/21/1105848096/jan-6-committee-hearing-transcript.

  63. See note 80.

  64. See note 78.

  65. See note 78.

  66. June 21, 2022 Hearing: U.S. House Select Committee to Investigate the January 6th Attack on the United States Capitol, 117th Cong. (2022) (Testimony of Jocelyn Benson), https://www.npr.org/2022/06/21/1105848096/jan-6-committee-hearing-transcript. See also Newman, E. (2022, June 21). Jan. 6 committee hearings: Michigan officials targeted in Trump’s “pressure campaign.” WDET. https://wdet.org/2022/06/21/jan-6-committee-hearings-michigan-officials-targeted-in-trumps-pressure-campaign/.