Grand jury wanted to indict Trump in Arizona fake electors case, prosecutors advised against it

The Arizona grand jury that indicted 18 Republican supporters of Donald Trump who falsely claimed he won the state in the 2020 election wanted to consider also charging the former president, but prosecutors urged them not to, according to court documents filed this week.

The court records filed by the Arizona attorney general’s office contain exchanges between prosecutors and the grand jurors, who heard 18 days’ of testimony.

As grand jurors were considering possible charges, a prosecutor asked them not to indict Trump, citing a U.S. Justice Department policy that limits the prosecution of someone for the same crime twice. The prosecutor, who isn’t identified in the records, also didn’t know whether authorities had all the evidence they would need to charge Trump at that time.

Ultimately, the grand jury indicted 18 people on forgery, fraud and conspiracy charges, including the 11 Republicans who submitted a document falsely claiming Trump had won Arizona, five lawyers connected to the former president and two former Trump aides.

Although Trump wasn’t charged in the Arizona case, the indictment refers to him as an “unindicted coconspirator.” The former president is charged in a federal case brought by special counsel Jack Smith with plotting to overturn the 2020 presidential election.

Earlier this week, attorney Jenna Ellis signed an agreement with Arizona prosecutors who will dismiss charges against her in exchange for her cooperation. She pleaded guilty in Georgia last year to a felony charge over efforts to overturn Trump’s 2020 election loss in that state.

Also, Republican activist Loraine Pellegrino, who signed the document falsely claiming Trump had won Arizona, became the first person to be convicted in the state’s fake elector case. Prosecutors say she pleaded guilty to a misdemeanor charge of filing a false document.

The remaining defendants have pleaded not guilty.

President Joe Biden won Arizona by 10,457 votes.