Two fake GOP electors in Michigan asked a judge this week to dismiss their charges, arguing that state Attorney General Dana Nessel conceded that they didn’t have criminal intent when she said they were “brainwashed” after the 2020 election.

Attorneys for fake electors Mari-Ann Henry and Clifford Frost separately filed motions to drop the case, citing the comments Nessel made last week to a liberal advocacy group. CNN obtained a recording of her appearance, where she said the GOP electors were “brainwashed” and “genuinely believe” former President Donald Trump won in 2020.

“Convictions would require proof that (Henry) intended by her actions to defraud,” Henry’s attorney wrote, adding that Nessel’s prosecutors “now claim that (Henry) believed Donald Trump won the election. If she had that belief, (Henry’s) alleged actions could not have been performed with the intent to cheat or deceive anyone.”