ARIZONA ELECTION NEWS

Hearing on effort to dismiss Arizona fake elector concludes; ruling to come

Aug 29, 2024, 6:30 AM

File photo of Arizona Attorney General Kris Mayes, who is prosecuting the Arizona fake elector case...

The office of state Attorney General Kris Mayes is prosecuting the Arizona fake elector case. (Getty Images File Photo)

(Getty Images File Photo)

PHOENIX (AP) — A three-day hearing on whether to dismiss charges against Republicans accused of plotting to overturn the results of the close 2020 presidential race in Arizona concluded Wednesday with prosecutors insisting their case is not politically motivated after defendants argued their alleged conduct was constitutionally protected free speech.

What’s the case about?

Maricopa County Superior Court Judge Bruce Cohen is considering requests from at least a dozen of 18 people indicted in April to dismiss charges of fraud, conspiracy and forgery. Those charged in the case include 11 people who submitted a document falsely claiming Donald Trump defeated Joe Biden in Arizona, two former Trump aides and five lawyers connected to Trump, including Rudy Giuliani.

Trump was not charged but was referred to as an unindicted co-conspirator in the indictment.

The indictment alleges that Giuliani pressured Maricopa County officials and state legislators to change the election results and encouraged Republican electors in the state to vote for Trump in mid-December 2020. The indictment says Giuliani spread false claims of election fraud in Arizona and presided over a downtown Phoenix gathering where he claimed officials made no effort to determine the accuracy of presidential election results.

Prosecutors insist the case is not politically motivated

Prosecutor Nicholas Klingerman told the judge Wednesday that it was an Arizona grand jury that issued the indictments and that the prosecution is not driven by animus for Republicans.

“This prosecution involves nothing more than enforcing the law against those who are alleged to have committed frauds, forgeries and conspiracies to change the outcome of a lawful election because they were unsatisfied with the results,” Klingerman said. “And like all criminal prosecutions, it seeks to punish prior behavior, educate the public, and deter future efforts to do the same thing.”

“The fact is that the state asked the grand jury to consider not indicting more Republicans than the grand jury actually indicted,” Klingerman added. “The state asked the grand jury to consider not indicting Donald Trump.”

In a statement issued after the hearing, Democratic Arizona Attorney General Kris Mayes described the defendants’ motions as an effort to “deflect from the facts of this case and muddy the waters in the public eye.”

“Let me be clear: the indictments in this case were not politically motivated,” Mayes said.

Defense attorneys base their case on a free speech argument

Defense attorneys argued this week that Mayes has used the indictment to silence their clients’ constitutionally protected speech about the 2020 election and actions taken in response to its outcome.

They cited an Arizona law that bars using baseless legal actions in a bid to silence critics. They also said Mayes campaigned on investigating fake electors and showed a bias against Trump and his supporters.

What is the law being cited by defense attorneys?

The law in question, commonly referred to as an anti-SLAPP statute, had long offered protections from civil lawsuits before it was amended in 2022 by the Republican-led Legislature to cover people facing most criminal charges.

It states that in a legal action involving lawful exercise of certain rights, such as speech, individuals can file a motion to dismiss and they must show that the legal action is “substantially motivated” by a “desire to deter, retaliate against or prevent the lawful exercise of a constitutional right.”

The anti-SLAPP law has not been used in a criminal case since it was modified in 2022, according to a spokesperson for Mayes.

Prosecutors contend that the Arizona law does not apply to this case. But the judge pressed Klingerman Wednesday about what he considered to be illegal acts allegedly committed by the defendants.

“I’m really concerned about the difference between speech and acts,” Cohen said.

When will the judge decide on the motions to dismiss?

Cohen said Tuesday he would rule separately on each motion — potentially at different times — but did not indicate Wednesday when he would issue the rulings.

Former Trump campaign attorney Jenna Ellis, who worked closely with Giuliani, signed a cooperation agreement with prosecutors that led to the dismissal of her charges. Republican activist Loraine Pellegrino became the first person to be convicted in the Arizona case when she pleaded guilty to a misdemeanor charge and was sentenced to probation.

The remaining defendants have pleaded not guilty. Their trial is scheduled to start Jan. 5, 2026.

Former Trump presidential chief of staff Mark Meadows is trying to move his charges to federal court, where his lawyers say they will seek a dismissal.

We want to hear from you.

Have a story idea or tip? Pass it along to the KTAR News team here.

Arizona Election News

Axon has been headquartered in Scottsdale since its founding in 1993....

Kevin Stone

Bid to put Axon’s massive Scottsdale apartment plan on 2026 ballot is certified

Axon will need voter approval in 2026 if it still wants to build a massive apartment complex as part of a proposed HQ in Scottsdale, officials said.

6 days ago

Election management systems, Adrian Fontes...

Danny Shapiro

Arizona election management systems overhaul an inexpensive necessity, Fontes says

Updating election management systems is high on the priority list ahead of 2026 for Arizona Secretary of State Adrian Fontes.

11 days ago

Arizona Republican gubernatorial primary 2026...

Serena O'Sullivan

New poll finds Andy Biggs is in the lead in 2026 Republican gubernatorial primary

A new poll shows Congressional District 5 Rep. Andy Biggs as the leader in the potential Arizona Republican gubernatorial primary election.

11 days ago

Andy Biggs governor...

Danny Shapiro

Andy Biggs not going to make quick decision on potential run for Arizona governor

Rep. Andy Biggs announced his interest in running for governor of Arizona in 2026 on Tuesday, but don't expect the East Valley Republican to make a decision on his future any time soon.

15 days ago

Andy Biggs Arizona governor...

Danny Shapiro

Andy Biggs files statement of interest to run for Arizona governor in 2026

Rep. Andy Biggs filed a statement of interest on Tuesday to run for Arizona governor in 2026, the first Republican politician in office to do so for the next election cycle.

16 days ago

AZ Political Podcast...

Jim Sharpe

AZ Political Podcast: Bill Gates on new teaching gig, election fraud

On this week's edition of AZ Political Podcast, former Maricopa County Supervisor Bill Gates dishes on his new teaching gig, election fraud.

21 days ago

Sponsored Articles

...

Collins Comfort Masters

Collins Comfort Masters: Your go-to plumbing experts in Arizona

Collins Comfort Masters, a trusted name in HVAC, water and plumbing since 1985, is you go-to plumbers for the residents of Phoenix and the Valley.

...

Asset Preservation Wealth & Tax

How to optimize the most money in 2024 tax returns

As tax season begins, getting your financials in order is important to maximize your tax return.

...

Bright Wealth Management

How to start your retirement planning early and avoid costly mistakes

Retirement planning can feel overwhelming, but with the right guidance, you can avoid costly pitfalls.

Hearing on effort to dismiss Arizona fake elector concludes; ruling to come