Michigan AG Dana Nessel secures ruling to proceed with criminal charges against Jack Burkman and Jacob Wohl for running an alleged voter suppression robocall scheme.
Appeals Court Rules Robocall Was Intentional Voter Suppression
LANSING – The Michigan Court of Appeals upheld criminal charges against Jack Burkman and Jacob Wohl for orchestrating voter suppression robocalls targeting Detroit residents during the 2020 general election. The ruling supports Michigan Attorney General Dana Nessel’s case, finding sufficient evidence that the calls intentionally spread false information to deter Black voters from casting ballots.
“Voter intimidation infringes upon the fundamental right to vote,” Nessel said. “The Court of Appeals recognized this for what it was: a calculated effort to suppress voter participation. We will continue working toward justice as this case moves to trial.”
The decision followed a Michigan Supreme Court (MSC) directive, which asked the appeals court to determine if the robocall met three key standards:
- Intentional falsehood in its content.
- A clear connection to voting procedures or requirements.
- An effort to deter or influence voters.
Writing for the majority, Judge Anica Letica said, “There can be no reasonable dispute that voting by mail is a voting procedure… The robocall alleged that, if a voter used procedure, certain negative events ‘will’ occur.”
Robocall Scheme Spread Falsehoods Targeting Black Voters
Nessel charged Burkman and Wohl in October 2020, alleging they created and funded robocalls to discourage predominantly Black voters in Detroit from voting by mail. The calls, sent to nearly 12,000 Detroit residents with 313 area code phone numbers, falsely claimed that voting by mail would:
- Place voters’ personal information in public databases accessible to police departments for outstanding warrants.
- Allow credit card companies to collect on unpaid debts.
- Enable the CDC to track voters for mandatory vaccinations.
The calls concluded with an appeal for recipients to avoid being “finessed into giving your private information to the man,” urging them to avoid vote-by-mail options. Burkman and Wohl identified themselves as founders of “Project 1599,” described as a civil rights organization, though the AG’s office described the claims as deceptive and misleading.
Charges Against Burkman and Wohl
Burkman, 57, of Arlington, Virginia, and Wohl, 25, of Los Angeles, California, face multiple felony charges, including:
- Election law – bribing/intimidating voters (5-year felony).
- Conspiracy to commit election law violations (5-year felony).
- Using a computer to commit voter intimidation (7-year felony).
- Using a computer to commit conspiracy (7-year felony).
The charges allege that Burkman and Wohl targeted multiple urban areas across the United States, including Detroit, as part of their coordinated efforts to mislead and intimidate voters.
Legal Battle and Court Rulings
After being bound over for trial, Burkman and Wohl filed a motion to quash the charges, arguing their conduct was protected under free speech laws. The Circuit Court denied the motion, prompting an appeal to the Michigan Court of Appeals, which initially declined to hear the case.
The Michigan Supreme Court then intervened, remanding the case back to the Court of Appeals. In its most recent ruling, the appeals court affirmed that the robocall constituted intentionally false speech designed to deter voting, falling under the state’s voter intimidation laws.
The defendants may continue to appeal the decision, but Nessel expressed confidence in the case. “We remain committed to ensuring that no one is allowed to threaten or manipulate voters in Michigan,” she said.
Broader Implications for Election Security
This ruling underscores Michigan’s continued efforts to safeguard elections against voter suppression and misinformation. The case also highlights the importance of election integrity laws that criminalize attempts to undermine voter confidence.
Residents who receive or suspect misleading election communications are encouraged to report them to the Michigan Department of Attorney General.
For further details, the public can access an audio recording of the robocall and the defendants’ charging documents via the Attorney General’s website.
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