A hearing is scheduled for Monday in a Phoenix courtroom to discuss whether to dismiss charges against Republicans accused of signing a document falsely claiming Donald Trump won Arizona in the 2020 election and others involved in allegedly attempting to subvert the election’s outcome. Approximately a dozen defendants are seeking a dismissal under a law in Arizona that prohibits the use of unjustified legal actions to silence critics. The law, initially for civil cases, was revised in 2022 by the Republican-led Legislature to apply to individuals facing most criminal charges.
The defendants are contending that Democratic Attorney General Kris Mayes aimed to silence them for their constitutionally protected speech about the 2020 election and their responses to the election results. They assert that Mayes, who campaigned on investigating the fake elector case, demonstrated bias against Trump and his supporters. Prosecutors argue that the defendants lack evidence to support their claim of retaliation and suggest that their actions transitioned from protected speech to fraud. Mayes’ office mentioned that the grand jury, which issued the indictment, debated charging the former president but was dissuaded by prosecutors.
Charges of forgery, fraud, and conspiracy were leveled against a total of 18 Republicans, including 11 who submitted the false document, two former Trump aides, and five lawyers connected to Trump, including Rudy Giuliani. Two defendants have already resolved their cases, with Jenna Ellis, a former Trump campaign attorney, entering into a cooperation agreement with prosecutors leading to the dismissal of her charges. Another defendant, Republican activist Loraine Pellegrino, pleaded guilty to a misdemeanor charge and received probation, becoming the first conviction in the case. The remaining defendants have pleaded not guilty.
Mark Meadows, former chief of staff to Trump, is attempting to transfer his charges to federal court where his legal team plans to seek a dismissal. Although Trump was not charged in Arizona, the indictment refers to him as an unindicted coconspirator. Prosecutors revealed that individuals nominated as Arizona’s Republican electors gathered in Phoenix in December 2020 to sign a certificate falsely claiming Trump’s victory in the state, which President Joe Biden actually won by 10,457 votes. The video of the signing ceremony was shared on social media by the Arizona Republican Party, and the document was later sent to Congress and the National Archives but ignored. Criminal charges related to the fake electors scheme have also been filed in Michigan, Nevada, Georgia, and Wisconsin, with Arizona authorities unveiling felony charges in late April.