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Jan 16, 2026 – Notes Shabbat Call

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Jan 16, 2026 – Notes Shabbat Call

The hearing started off shaky, with Peters’s attorney, John Case being questioned about the Supremacy Clause claim. Case argued that it was Peters’ obligation to preserve and investigate the election records under 52 USC 20701. However, the panel pushed back and questioned whether the “investigate” element was an obligation under the statute. Case argued that the obligation is to preserve and protect, and that the statute does not prohibit her from investigating the election. The fireworks, however, began when the State presented its arguments. The significant issues that the judges probed revolved around a misstated charge, unjust sentencing, and the trial judge’s restrictions on Peters presenting a complete defense.

Is it your position that a person can still be convicted of a crime with which they were never charged and with which the jury was never instructed, as long as the evidence is sufficient?” asked Judge Ted C. Tow. 

“Yes, I think that that is what the case law indicates,” responded Senior Assistant AGLisa Michaels. “It was one word. “Might.” And it was already…,” Michaels began before being interrupted by another judge.

 Judge Craig Welling. “Yeah, but that one word distinguishes it from a felony to a misdemeanor,” Judge Welling stated. 

“In this case, it made an extra sentence. Fifteen more months in the Department of Corrections that couldn’t have been given had it been a misdemeanor conviction. It clearly affects a substantial right,” Judge Tow asserted. 

“I’m confused as to why the People are continuing to maintain that the proper remedy on this isn’t to enter the conviction for the misdemeanor because the indictment used the word ‘might’ and the jury was instructed on that, so that’s what the verdict is. I am baffled as to the position that’s being taken that we can somehow overlook that and still enter the felony because the evidence that was presented at trial would have supported the felony. Are you still maintaining that position in front of us here today?” asked Judge Welling.

“Yes. That is our position,” Michaels responded. 

The following links are to view for more details:

https://acrobat.adobe.com/id/urn:aaid:sc:VA6C2:25a416c8-afdc-46a2-9628-5ce4135f5e56

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