Courtroom Shocked: Judge Flags Legal Jeopardy for Benson

By Kristine Christlieb, Editor, MFEI/PIME News Division

September 22, 2026

A Michigan Court of Claims judge just put the state's top election officials on notice from the bench, in open court.

In a 35-minute hearing on Wednesday, Judge Michael Riordan listened to the State argue for why a case over destroying poll book records should be dismissed on procedural grounds.

Riordan, a former Department of Justice (DOJ) prosecutor, gave Assistant Attorney General Heather Meingast her time and began gathering his thoughts about what he'd heard. He pointed out the problem for Michigan clerks: destroying federal election records prior to the 22-month retention requirement is a federal crime. "They could be prosecuted, " he said.

Then Riordan kept going. "And you know who else could be prosecuted? Your boss." Meingast's boss is Attorney General Dana Nessel. Riordan caught himself and added, "The Secretary of State probably would be the defendant." Then, to Meingast: "How do you respond to that?"

Meingast [per the court transcript]: "Well, Your Honor, I think we have to remember that the possibility of — of prosecution, sure, it's out there, but it's — it's completely speculative. This is a 14-year-old policy. 14 years, Your Honor, and the DOJ has said nothing."

With Meingast's mention of the DOJ, she opened the door for a reality check from the former prosecutor. He first reminded her the current DOJ is different from prior administrations. And from a prosecutor's perspective, he sees the case as low-hanging fruit.

"There's no doubt it's low-hanging fruit," Riordan said, "and it would get a lot of mileage if it's, you know, Jocelyn Benson ends up being our governor or running."

Kevin Kijewski, the clerk's attorney, and three other women who were in the courtroom that day all described the same feeling. If they remembered only one thing about the hearing, it would be the judge's warning to the lawyer representing Jocelyn Benson and Jonathan Brater.

How the State Is Trying to Win

Wednesday's proceeding was a motion hearing with the State making two arguments: the clerk didn't exhaust her administrative options, and she waited too long to sue.

Riordan didn't buy either one and said so plainly. He told Meingast, "Off the top, you lose on the laches, I think."

Meingast shifted her tactic arguing cost and chaos. She said voiding the rule wouldn't just help McQueer, it would impact every clerk in the state and trigger a flood of copycat lawsuits.

Riordan insisted, more than once, that whatever he decides applies to McQueer and nobody else. "I only have one Plaintiff in front of me," he said. "There are 83 counties in Michigan," he told Meingast. "You have at it and do whatever you want to comply with the law. But you're arguing policy."

She said, "No, I'm not arguing policy, Your Honor, I'm arguing practical — practicability."

Riordan shot back: "You're arguing practicalities. But you know what? I have to comply with the law. I have to follow the law."

The State wanted Riordan to focus on the logistical implication of his ruling, but he made his priority clear.

One Clerk's Fight for Clarity

Michelle McQueer, clerk of Bridgewater Township, sued Benson, Bureau of Elections Director Jonathan Brater, and the Department of State on August 12. Her complaint laid out a genuine bind: a state rule orders her to wipe electronic poll book files seven days after an election is certified. A federal law says keep those same records 22 months, and makes destroying them early a crime. McQueer couldn't obey both.

Kijewski told the court, McQueer is stuck at "a Morton's fork between a rock and a hard place" — and over her head hangs "the Sword of Damocles," because nobody, not even the judge, knows what the U.S. Department of Justice will do if she guesses wrong. She's not asking to break any rule. She's asking a court to tell her which one to obey.

Riordan hasn't ruled yet. But he's already told the State's lawyer her bosses might want to lawyer up too. Michelle McQueer didn't need a judge to tell her that. She's known it since August 12.