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Prosecutors: No evidence of intent by N.M.’s fake electors – Source New Mexico

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Prosecutors: No evidence of intent by N.M.’s fake electors – Source New Mexico


At noon on Dec. 14, 2020, New Mexico’s five presidential electors met in a committee room on the third floor of the New Mexico State Capitol in Santa Fe to cast the electoral college votes for Joe Biden, who won the state by more than 100,000 votes.

At the same time, the five Republican elector nominees met downstairs in the east lobby at the Roundhouse to hold their own “mirror image” meeting to cast their electoral votes for Donald Trump.

Details about the meeting were presented to lawmakers on Wednesday. Sean Sullivan, a New Mexico Department of Justice prosecutor who was later assigned to investigate, said four of the original fake electors attended the meeting: Jewll Powdrell, Deborah W. Maestas, Lupe Garcia, and Rosie Tripp.

Harvey Yates was originally nominated as a fifth GOP elector, but he wasn’t in the state at the time, so the rest of the group instead nominated Anissa Ford-Tinnin, who was the New Mexico Republican Party’s executive director, Sullivan said.

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Also present at the meeting were incoming state GOP executive director Nike Kern (who recorded the meeting on video with her phone) and her husband John Kern. That video, Sullivan said, demonstrates the fake electors were “rather unprepared and unfamiliar with the process.”

Powdrell chaired the meeting, and could be seen frequently looking off-camera and taking cues from John Kern, who “had nothing to do with this, he happened to be a lawyer and adept at paperwork,” Sullivan said.

Legitimate presidential electors certify who their votes for president and vice president are going to be by signing what is called a certificate of votes, Sullivan said.

The fake electors signed a certificate of votes saying they were only certifying the electoral votes if they were determined later to be the valid electors for those states, he said.

“We the undersigned, on the understanding that it might later be determined that we are duly elected and qualified electors,” the document begins. Kern and her husband later sent it to the National Archives and former vice president Mike Pence in his capacity in the U.S. Senate, Sullivan said.

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“No one there had a very clear sense of what it is they were supposed to be doing, and why it is they were supposed to be doing it,” Sullivan said.

What the Republican electors also didn’t know, Sullivan said, was that in Pennsylvania, GOP electors and their state party chairman felt uncomfortable about signing something holding themselves out as the legitimate electors, when in fact Trump lost the popular vote in that state, too.

According to Sullivan’s summary of his investigation presented to state lawmakers:

To alleviate those concerns, Pennsylvania’s Republican elector nominees on Dec. 12, 2020 spoke with Trump lawyers Kenneth Chesebro and Rudy Giuliani, who falsely assured them the certificates would only be used if the campaign won their lawsuit to overturn the results.

Despite those assurances, Chesebro wrote an email later that night to other attorneys in the Trump campaign suggesting they should use conditional language in their document.

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“It strikes me that if inserting these few words is a good idea for (Pennsylvania), it might be worth suggesting to electors in other states,” Chesebro wrote. Four or five hours later, he sent another email to Trump campaign lawyers Mike Roman and Joshua Finley providing them with the documents that would be used by New Mexico’s fake electors, without any edits.

Roman forwarded those documents to Thomas Lane, who was the Trump campaign’s executive election day operation director for New Mexico. Lane then forwarded them on to New Mexico’s fake electors at 3:40 p.m. on Dec. 13, 2020.

“New Mexico’s fake electors had no knowledge of the Pennsylvania developments,” Sullivan said. “They were simply presented with a draft certificate that had already had those changes made.”

Last chance before presidential election

This gap in knowledge is crucial to the New Mexico Department of Justice’s decision not to charge anyone involved in the 2020 fake presidential elector scheme, and now New Mexico’s top prosecutor is asking the state’s legislature to change election law in order to prevent it from happening again.

First, Attorney General Raúl Torrez wants lawmakers to amend the crime of falsifying election documents to prohibit someone from knowingly falsifying an election document without the additional requirement of an intent to deceive or mislead, and to include a wider range of election documents explicitly protected by the law.

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Second, he wants legislators to create a new crime of falsely acting as a presidential elector like the one passed by the Nevada Legislature but vetoed by its governor, and explicitly prohibit anyone from escaping criminal liability by using conditional language similar to what was used by New Mexico’s fake electors.

Sullivan, Torrez and New Mexico Secretary of State Maggie Toulouse Oliver presented the new information during a Senate Judiciary Committee meeting on Wednesday.

Sen. Joseph Cervantes (D-Las Cruces), who heads the committee, said this session is the last time lawmakers will have an opportunity to make any changes to state law before the next presidential election in November.

Cervantes said he wants Gov. Michelle Lujan Grisham to put the legislation on the call so that lawmakers can consider it in the short session. Torrez said he has identified “a potential sponsor” in the House of Representatives, but did not name them.

‘These individuals cannot be charged with the crime’

The New Mexico Department of Justice looked at the state’s criminal and election laws to figure whether the fake electors, the state Republican Party, or members of Trump’s team and campaign committed a crime when they drafted, signed and sent the false certificate of votes.

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Nothing in the state’s election laws apply to their conduct, according to the department’s final report on its investigation of New Mexico’s false electoral votes in the 2020 presidential election.

The crime of forgery is what “most closely aligns with the conduct of the fake electors,” according to state officials. Authorities in Georgia, Michigan and Nevada charged their fake electors with that crime.

But after two years of investigation, the New Mexico Department of Justice found the fake electors’ actions only met two of the three elements needed to prove forgery beyond a reasonable doubt.

Forgery in New Mexico must include: (1) falsely making or altering a signature on, or any part of, a written document, (2) the document claims to be legally valid and (3) the person acted with the intent to injure or defraud.

New Mexico’s fake electors met the first two elements but not the third.

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The fake electors received and signed a document with language indicating they were not, at the time, New Mexico’s legitimate presidential electors.

Two days earlier on Dec. 12, 2020 at 9:39 p.m., Ford-Tinnin texted with Lane to discuss an impending lawsuit the campaign would file in New Mexico challenging what they perceived to be voting irregularities, Sullivan said.

According to the final report, the fake electors knew the lawsuit would be filed soon after they signed the certificate of votes, and Lane told Ford-Tinnin the certificate would only be used if they won.

“The totality of the evidence does not establish that the fake electors intended to deceive the President of the Senate into thinking that they were the actual electors from New Mexico and using their votes in place of New Mexico’s actual electors without a court ruling overturning the election results,” the department wrote. “Because proof of an essential element of forgery is missing, these individuals cannot be charged with the crime.”

In interviews with state prosecutors, the fake electors said they participated in the scheme to submit placeholder or contingent votes to be counted only if the election results were lawfully changed as a result of Trump’s lawsuit, Sullivan said.

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Ford-Tinnin said the electoral votes “weren’t worth the paper they were written on,” because to her knowledge they hadn’t been filed anywhere, Sullivan said investigators found.

Kern described the certificate they signed as an “insurance policy,” he said. Maestas, Tripp, Powdrell and Garcia believed the certificate would only be operative if the lawsuit succeeded, he said.

New Mexico Republican Party chairman Steve Pearce told investigators the electoral votes served a preservation purpose, and they needed to vote on a specific day so if they were successful later on, they had the votes in place, Sullivan said.

“Those statements were corroborated by other documents that we reviewed that took place close in time or contemporaneously with when they were voting,” Sullivan said. “We’re not just taking folks’ word at face value.”

While there was a scheme at the national level to overturn the 2020 election results, New Mexico Department of Justice investigators wrote, it did not extend to New Mexico because the certificate signed by the fake electors contained the conditional language about Trump’s lawsuit.

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By contrast, in five other states, Trump’s team and campaign sent draft certificates of votes to Republican Party executives which declared the fake electors to be the legitimate ones.

If a document like that had been sent to New Mexico GOP party executives or the fake electors, the people responsible “may have been guilty of solicitation of forgery under New Mexico law” because they would have been asking the fake electors to submit a false certificate with fraudulent intent, New Mexico Department of Justice investigators wrote.

Read the entire report from the New Mexico Department of Justice:

FE-Final-Report



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Actor Timothy Busfield accused of child sex abuse in New Mexico

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Actor Timothy Busfield accused of child sex abuse in New Mexico


Authorities in New Mexico issued an arrest warrant Friday for director and Emmy Award-winning actor Timothy Busfield to face a child sex abuse charge.

An investigator with the Albuquerque Police Department filed a criminal complaint in support of the charge, which says a child reported that Busfield touched him inappropriately. The acts allegedly occurred on the set of “The Cleaning Lady,” a TV series Busfield directed and acted in.

The child said the first incident happened when he was 7 years old and Busfield touched him three or four times. Busfield allegedly touched him five or six times on another occasion when he was 8.

The child’s mother reported to Child Protective Services that the abuse occurred between November 2022 and spring 2024, the complaint said.

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Busfield’s attorney and agent did not immediately respond to email messages seeking comment late Friday.

The arrest warrant, which was signed by a judge, said the charge is for two counts of criminal sexual contact of a minor.

According to the complaint, the child, which it identifies only by his initials, has been diagnosed with post-traumatic stress disorder and anxiety. A social worker documented him saying he has had nightmares about Busfield touching him and woken up scared.

The child was reportedly afraid to tell anyone because Busfield was the director and he feared he would get mad at him.

The investigation began in November 2024, when the investigator responded to a call from a doctor at the University of New Mexico Hospital. The child’s parents had gone there at the recommendation of a law firm, the complaint said.

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“The Cleaning Lady” aired for four seasons on Fox, ending in 2025. It starred Elodie Yung as a Cambodian doctor who comes to the United States to get medical treatment for her son, witnesses a mob killing and ends up becoming a cleaner for organized crime.

The show was produced by Warner Bros., which according to the complaint conducted its own investigation into the abuse allegations but was unable to corroborate them.

Busfield is known for appearances in “The West Wing,” “Field of Dreams” and “Thirtysomething,” the latter of which won him an Emmy for outstanding supporting actor in a drama series in 1991.

He is married to actor Melissa Gilbert; there was no immediate response to an email sent to her publicist.



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Timothy Busfield Charged With Child Sex Abuse On ‘The Cleaning Lady’s New Mexico Set; WBTV Will “Cooperate With Law Enforcement”

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Timothy Busfield Charged With Child Sex Abuse On ‘The Cleaning Lady’s New Mexico Set; WBTV Will “Cooperate With Law Enforcement”


A 10-year-old New Mexico boy says Timothy Busfield “touched his ‘poop’ and ‘pee’ area” during production on The Cleaning Lady, an Albuquerque District Attorney–approved arrest warrant issued today says.

“In my training and experience, pedophiles often infiltrate families under a trusted role, like Timothy, who, as a producer, exploited the hectic film sets to tickle and touch SL on his penis and buttocks, masking it as play,” the warrant from Albuquerque Police Officer Marvin Brown asserts. “He would invite the family to off-set gatherings, with his wife buying Christmas gifts to foster closeness, making SL feel special and dependent—classic grooming to erode boundaries, isolate the victim, and silence suspicions by blending abuse into normalcy.”

Filled with accounts from two brothers of their alleged repeated experiences with the Thirtysomething alum, who was a director on the now shuttered Élodie Yung-led Fox drama from Warner Bros TV, the document charges Busfield with two counts of criminal sexual contact with a minor and child abuse. It is unclear at this point if the Emmy winner has been arrested and booked by Albuquerque Police Department.

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If found guilty of the charges, Busfield could face a minimum of three years behind bars.

In fact, the 68-year-old, who was accused but never charged in two previous sexual assault allegations in 1994 and 2012, could be looking at a lot longer sentence in the Land of Enchantment.

Under New Mexico statutes, prison time in sex crimes against minors leans heavily on context and circumstances in the degrees of punishment they hand out. That time and felony class can go up substantially if the crime involves children under 13 years of age — as it allegedly does here.

Named as “SL” and “VL” in the warrant, the two 2014-born boys appeared on The Cleaning Lady over multiple seasons before being let go for having aged out of the role, I hear. However, in a Nov. 3, 2025 phone interview with Busfield in the warrant, The West Wing vet told investigating Officer Brown that he “the lead actress, Elodie Young” informed him over a year ago that “the mother of SL and VL (sic) that she wanted revenge, and I’m going to get my revenge on Tim Busfield for not bringing her kids back for the final season.”

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Courtesy of Fox

In interviews conducted with SL and VL on Halloween last year by a “forensic child interviewer,” and observed by Officer Brown, today’s arrest warrant says that the former told them the alleged abuse by Busfield started when he was 7 years old and on The Cleaning Lady.

“SL said that Tim touched him three to four times on his ‘poop’ and ‘pee’ area over his clothing,” the 12-page arrest warrant states of what is cited as a second incident with Busfield, very similar to a previous incident. “SL said he was very afraid of Tim and was relieved when he was off set. SL said he was afraid to tell anyone because Tim was the director, and he feared Tim would get mad at him. SL did advise that Tim touched him while he was only on set filming in Albuquerque.”

SL now suffers from post-traumatic stress disorder and anxiety, the warrant says. SL disclosing having nightmares about the director touching him and waking up scared,” the document adds.

It goes on: “VL explained that Mr. Tim started touching them for the first two years, and he did not want to say anything, because he did not want to be mean to him. Therefore, VL did not say anything. VL said Mr. Tim would start touching him with his hands about his body while they were filming in the ‘house’. VL advised that it was about his body, but did not disclose that he was touched on his buttocks or penis area. VL said he did not like being touched, but did not say anything because he did not want to get in trouble.”

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The matter actually first came to the cops’ attention in late 2024 when a doctor from University of New Mexico Hospital contacted the Albuquerque Police Department in regards to a “sexual abuse investigation.”

Noting that the boys’ father had been advised to go to the hospital by a local law firm, today’s warrant details: Officer Osborn talked with both VL and SL, who did not disclose any sexual contact at this time. However, both boys advised that Timothy Busfield, whom they referred to as ‘Uncle Tim’, would tickle them on the stomach and legs. Neither boy cared for the tickling. Officer Osborn contacted Detective Michael Brown with the Crimes Against Children Unit and determined that the case did not meet their acceptance criteria at this time.”

The matter came back to the police’s attention and became a much greater priority after the boys’ mother “advised that on 09/02/2025, SL reported to his counselor that Timothy Busfield touched his penis and bottom.”

In that same telephone conversation with Busfield in the weeks before Thanksgiving last year, the NYC-based filmmaker also dropped to Officer Brown that producers Warner Bros TV had conducted its own probe into allegations against him after SAG-AFTRA received an anonymous complaint in early 2025 of an incident on The Cleaning Lady set in December 2024. After writing up a search warrant for WB (which today’s warrant seems to mistakenly say occurred on “10/03/2025”) and several correspondences with WB attorney Richard Wessling at law firm Proskauer, Officer Brown on NYE last year got his hands on the March 31, 2025 external report put together by the LA office of Solomon Law.

Specifically the report, which saw Busfield suspended during the probe, looked into claims from the hotline caller that there was evidence of Busfield “tickling and caressing the head and body of minor boys” while working on the Albuquerque-filmed Cleaning Lady. Upon his own reading of the document, Officer Brown says in Friday’s warrant that Solomon investigator “Christina McGovern was not able to talk with anyone who would support evidence that Timothy Busfield engaged in this behavior.”

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Working from what now seems to be limited accusations, the WBTV investigation viewed Busfield as “exonerated,” sources tell me.

In a statement to Deadline tonight, the Channing Dungey-led WBTV said: “The health and safety of our cast and crew is always our top priority, especially the safety of minors on our productions. We take all allegations of misconduct very seriously and have systems in place to promptly and thoroughly investigate, and when needed, take appropriate action. We are aware of the current charges against Mr. Busfield and have been and will continue to cooperate with law enforcement.”

As well as speaking to the boys’ mother and father (who seem to have instigated and then ceased a civil suit on this), plus some Cleaning Lady production assistants and Make-up and Hair department staffers, today’s warrant also details a brief back-and-forth between Officer Brown and the series star Yung, who was a producer too.

“On 11/5/2025, I contacted Elodie Yung to set up an interview. Elodie agreed to meet with me at the Northwest Substation on 11/7/2025,” Officer Brown notes in his fairly comprehensive affidavit that e Albuquerque Assistant DA Savannah Brandenburg-Koch signed off on today. “I did initially advise Elodie that Tim Busfield gave me her name and said that she may have information about this case. On 11/06/2025, Elodie left me a voicemail declining to speak with me and said that she does not want to be involved with the investigation and that she would not have any information that could assist in this case.”

Busfield’s agents at Innovative Artists did not respond late Friday to Deadline’s request for comment on the arrest warrant and the charges against their client.

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New Mexico Public Education Department faces $35 million shortfall

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New Mexico Public Education Department faces  million shortfall


The New Mexico Public Education Department is facing a $35 million deficit, which it attributes to overpayments made to Gallup-McKinley County Schools, a claim the district disputes, arguing they are being wrongly blamed for the state’s funding mismanagement.



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