A recent three-day hearing regarding the dismissal of charges against several Republicans accused of involvement in an alleged plot to overturn the results of the 2020 presidential election in Arizona concluded on Wednesday. Prosecutors emphasized that their case is not politically motivated, contrary to the defendants’ claims that their actions were protected under free speech rights.
The indictment includes charges of fraud, conspiracy, and forgery against 18 individuals, such as 11 individuals who submitted a document falsely stating that Donald Trump won the election, two former Trump aides, and five lawyers linked to Trump, notably Rudy Giuliani. Although Trump was not charged, he was referred to as an unindicted co-conspirator in the indictment.
The indictment alleges that Giuliani pressured officials and legislators in Maricopa County to alter the election results, spread false claims of election fraud, and pushed for Republican electors in Arizona to vote for Trump in December 2020. Prosecutors argue that the case aims to address alleged fraud, forgeries, and conspiracies aimed at changing the outcome of the election because of dissatisfaction with the results.
Defense attorneys based their arguments on free speech, claiming that the indictment was an attempt to suppress constitutionally protected speech regarding the election and subsequent actions taken by the defendants. They cited an Arizona law, known as an anti-SLAPP statute, which was amended in 2022 to cover individuals facing criminal charges related to the exercise of certain rights, including speech.
The judge, Bruce Cohen, is expected to rule separately on the motions to dismiss, which could happen at different times. Notably, the trial for the remaining defendants, who have pleaded not guilty, is scheduled to commence on January 5, 2026. Additionally, Mark Meadows, former Trump presidential chief of staff, is seeking to move his charges to federal court, where his legal team intends to seek dismissal.
Jenna Ellis, a former Trump campaign attorney who cooperated with prosecutors, had her charges dismissed as part of a cooperation agreement, while Republican activist Loraine Pellegrino became the first individual convicted in the Arizona case after pleading guilty to a misdemeanor charge and receiving probation.