A judge in Michigan dismissed a lawsuit on Monday that was recently promoted by former president Donald Trump as a “major” case.
The lawsuit, which aimed to force a new audit of the 2020 presidential election results in Antrim County, apparently wasn’t strong enough to live past a motion to dismiss filed by Michigan’s secretary of state and the Antrim County clerk’s office.
Thirteenth Circuit Court Judge Kevin Elsenheimer ruled that the lawsuit filed by Michigan resident Bill Bailey lacks the legal grounds to move forward due to a statewide post-election audit that finished up in March, according to Cadillac-based CBS affiliate WWTV.
“There is no right, either in the constitutional section, or in the statute, for the independent audit that Mr. Bailey seeks as a petitioner under article 2 section 4,” the court noted. “The plaintiff does not get to choose his own audit criteria, rather the legislature is given that authority. So while a citizen may seek to audit the results of the statewide election, it must do so according to the law. That law provides for performance of the audit by the Secretary of State. There is no other relief available to the plaintiff on this point.”
According to the outlet, Bailey originally filed his lawsuit in order to take stock of a marijuana-related ballot measure that came down to a close recount. Pro-Trump forces later attached themselves to the effort, and the litigation became something of a cause célèbre among the most diehard MAGA loyalists, who largely and erroneously believe the 2020 election was stolen. There is no evidence of widespread voter or electoral fraud during the election, and Trump himself actually won Antrim County.
Determining that Bailey’s claims were moot, the judge noted the audit had already been conducted.
“I am saying that, as pled, the plaintiff’s request for an audit is not available,” Elsenheimer said. “[An audit] did occur and it appears to have been done so pursuant to authority.”
“Granting judgment to the plaintiff on its claims would have no practical legal effect as the audit available under article 2 section 4 1H has already been done,” the judge added. “There is no reason to do it twice as the plaintiff has no additional relief available there is no need to review the remaining counts it has brought.”
Elected Democrats across the Wolverine State praised the court’s decision to toss the case.
“Today’s dismissal of the last of the lawsuits attempting to undermine democracy in furtherance of the #BigLie affirms that despite incredible scrutiny & an unprecedented effort to deceive, the 2020 election was fair, secure & the results accurately reflect the will of the people,” Secretary of State Jocelyn Benson said via Twitter.
Attorney General Dana Nessel also welcomed the lawsuit’s dismissal.
“Today’s ruling in Antrim County should be the nail in the coffin for any remaining conspiracy theories surrounding the outcome of the Nov. 3 general election,” Nessel said in a statement. “Time and time again, people have filed frivolous lawsuits in an attempt to undermine the integrity of our democratic process in Michigan. I applaud the Court for correctly concluding that there was no relief that could properly be granted on the claims presented.”
Trump, for his part, boosted the effort on his website earlier this month.
A May 10th note “[f]rom the desk of” the 45th president reads:
The major Michigan Election Fraud case has just filed a bombshell pleading claiming votes were intentionally switched from President Trump to Joe Biden. The number of votes is MASSIVE and determinative. This will prove true in numerous other States. All Republicans must UNIFY and not let this happen. If a thief robs a jewelry store of all of its diamonds (the 2020 Presidential Election), the diamonds must be returned. The Fake News media refuses to cover the greatest Election Fraud in the history of our Country. They have lost all credibility, but ultimately, they will have no choice!
In rejecting the lawsuit, Elsenheimer held open the possibility for an appeal and added a small caveat about the overall integrity of the county’s election results.
“By deciding this motion the court is not saying there were no problems in the way Antrim County conducted its November 2020 elections, the clerk has admitted there were problems and challenges in the elections, although the hand count ultimately of the presidential election showed results largely consistent with the canvas totals that were entered by the state,” the judge said.
[image via Saul Loeb/ AFP/Getty Images]
