PHOENIX — A judge will hear arguments in a Phoenix courtroom Monday on whether the case should be dismissed charges against Republicans who signed a document falsely claiming that Donald Trump won the 2020 election in Arizona, and others accused of plotting to overturn the results of the presidential election.
At least a dozen defendants are seeking dismissal under an Arizona law that bans the use of groundless legal action to silence critics. The law has long provided protections in civil cases but was changed by the Republican-led Legislature in 2022 to cover people facing most criminal charges.
The defendants allege that Democratic Attorney General Kris Mayes sought to use the charges to silence them over their constitutionally protected speech about the 2020 election and actions they took in response to the race’s outcome. They say Mayes campaigned on investigating the fraudulent voters case and demonstrated bias against Trump and his supporters.
Prosecutors say the defendants have no evidence to support their claim of retaliation and that they have crossed the line from protected speech to fraud. Mayes’ office has also said the grand jury that brought the indictment wanted to consider to prosecute the former presidentbut prosecutors urged them not to.
In total, 18 Republicans were charged with forgery, fraud and conspiracy. The defendants include 11 Republicans who filed a document falsely claiming Trump won Arizona, two former Trump associates and five lawyers with ties to the former president, including Rudy Giuliani.
So far, two suspects have had their cases heard.
Former Trump campaign lawyer Jenna Ellis, who worked closely with Giuliani, signed a cooperation agreement with prosecutors leading to the dropping of her charges. Republican activist Loraine Pellegrino was also the first person to be convicted in the Arizona case, where she pleaded guilty to a misdemeanor and was sentenced to probation.
The remaining suspects have denied guilt to the charges.
Trump’s former chief of staff, Mark Meadows, is is trying to file his charges in federal courtwhere his lawyers say they will seek to have the charges dropped.
Trump was not charged in Arizona, but the indictment names him as an unindicted accomplice.
In a filing, Mayes’ office said that as grand jurors considered possible charges, a prosecutor asked them not to indict Trump, citing a Justice Department policy that limits the prosecution of someone for the same crime twice. The prosecutor also didn’t know whether authorities had all the evidence they would need to charge Trump at the time.
Eleven people nominated to be Republican electors for Arizona gathered in Phoenix on December 14, 2020, to sign a certificate declaring they were “duly chosen and qualified” to be electors. They claimed that Trump won the state in the 2020 election.
President Joe Biden won Arizona with 10,457 votes. A one minute video of the signing ceremony was posted on social media by the Arizona Republican Party at the time. The document was later sent to Congress and the National Archives, where it was ignored.
Prosecutors in Michigan, Nevada, Georgia And Wisconsin have also filed criminal charges in connection with the fraudulent voter scheme. Arizona authorities revealed the felony charges end of april.
