Second day of hearings in Arizona case of fake electors considers dismissal of charges

A hearing to determine the dismissal of charges against Republicans accused of attempting to overturn the 2020 presidential election results in Arizona will continue for a second day on Tuesday. Maricopa County Superior Court Judge Bruce Cohen is reviewing requests from around twelve defendants indicted in April on charges of forgery, fraud, and conspiracy. The indictment involves 18 Republicans, including individuals who falsely claimed that former President Donald Trump won Arizona, former Trump aides, and five lawyers linked to Trump such as Rudy Giuliani.

The defendants are arguing for the dismissal of their cases under an Arizona law that prohibits the use of baseless legal actions to silence critics. They claim that the charges brought against them by Democratic Attorney General Kris Mayes were aimed at stifling their constitutionally protected speech concerning the 2020 election and their responses to its outcome. President Joe Biden won Arizona by 10,457 votes.

John Eastman, one of the defendants involved in devising a strategy to sway Congress against certifying the election results, expressed that Judge Cohen is faced with complex issues. Prosecutors refute the defendants’ claims of retaliation, insisting that their actions constituted fraud rather than protected speech. Notably, the grand jury considered charging Trump, but prosecutors dissuaded them, leading to Trump being referred to as an unindicted coconspirator in the indictment.

The indictment alleges that Giuliani pressured officials and legislators in Maricopa County to alter Arizona’s results and urged Republican electors to vote for Trump in December 2020. Giuliani’s attorney, Mark Williams, asserts that Giuliani’s actions were lawful expressions of free speech. Another defendant, James Lamon, stated that he signed a document claiming Trump’s victory only as a contingency measure pending the outcome of potential lawsuits.

While two defendants have resolved their cases, the remaining defendants have pleaded not guilty. The trial is set to commence on January 5, 2026. Additionally, former Trump chief of staff Mark Meadows is seeking to transfer his charges to federal court, where his legal team plans to seek a dismissal.