Judge in fake electors case warns social media posts during court could rise to criminal charges

Michigan Judge Kristen Simmons, while presiding over the case against several individuals facing felony charges for submitting false electoral votes for former President Donald Trump in 2020, began court Tuesday with a warning: Cut the social media posts.

Simmons said at no time should photos be taken of witnesses, “nor should there Facebook posts or other public posts made with commentary about that testimony, especially disparaging comments,” adding that such posts can rise to contempt of court or even witness intimidation.

“If it appears that you’re taking a photo, I’m going to have to take your phone and have it searched because we’re not going to have witnesses being intimidated when they’re coming in here under a subpoena to give testimony nor will I have to be taking time away from my judicial duties to address commentary made on Facebook posts. It’s juvenile and it’s ridiculous,” Simmons said.

The case against the 15 individuals charged for submitting false electoral votes to Washington D.C. for Trump in the 2020 election is a high-profile case as several other states have investigated similar efforts by individuals who falsely claimed to be the rightful electors. 

No one in the courtroom was singled out by Simmons, but her comments followed an in-chambers meeting with Nick Somberg, the lawyer for Meshawn Maddock, a defendant in the case and former Michigan Republican Party co-chair.

Somberg told media outside of court he was called into the judge’s chamber ahead of court Tuesday with the Assistant Attorney General’s on the prosecution’s side to discuss a Facebook post he had made. The post was in regards to testimony from James Renner, a member of the group who had his criminal charges dropped as part of a cooperation agreement with the Attorney General’s Office to testify in the case.

The post calls Renner the attorney general’s “star snitch,” and Somberg reasons that there is nothing concerning to the court about his comments.

“He testified publicly; it’s no secret that he is an Informant or snitch,” Somberg said. “Nothing I said was disparaging.”

Somberg said he expects questions of contempt of court to be raised but it’s “not his first rodeo” and he’s not worried, though Simmons said there will be a hearing on the topic of social media posts in court in the future.

Tuesday marked the fifth day of preliminary examinations and hours of witness testimony as the prosecution tries to make a case that the defendants in their actions committed criminal acts and the defense negates those claims.