Judge hears arguments on whether Arizona's fraudulent electoral college case should be dismissed – 102.3 KRMG

PHOENIX — (AP) — On Monday, a judge in a Phoenix courtroom will hear arguments on whether to dismiss charges against Republicans who signed a document falsely claiming Donald Trump won the 2020 election in Arizona, as well as others accused of plotting to overturn the outcome of the presidential election.

At least a dozen defendants are seeking to have the case dismissed under an Arizona law that prohibits the use of meritless lawsuits to silence critics. The law has long provided protection in civil cases but was changed by the Republican-led Legislature in 2022 to cover people who face most criminal charges.

The defendants argue that Democratic Attorney General Kris Mayes tried to use the indictment to silence them over their constitutionally protected statements about the 2020 election and actions they took in response to the election's outcome. They say Mayes pushed the investigation into the fraudulent electoral college case during the campaign and showed bias against Trump and his supporters.

Prosecutors say the defendants have no evidence to support their retaliation claims and that they crossed the line between protected speech and fraud. Mayes' office has also said the grand jury that brought the indictment wanted to consider indicting the former president, but prosecutors advised them against it.

A total of 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, the cases of two defendants have been settled.

Former Trump campaign lawyer Jenna Ellis, who worked closely with Giuliani, signed a cooperation agreement with prosecutors that led to the dismissal of charges against her. Republican activist Loraine Pellegrino also became the first person to be convicted in the Arizona case when she pleaded guilty to a misdemeanor and was sentenced to probation.

The remaining defendants have pleaded not guilty.

The president's former chief of staff, Mark Meadows, is trying to take the charges to federal court, where his lawyers say they will ask for the charges to be dismissed.

Although Trump was not charged in Arizona, the indictment describes him as an unindicted co-conspirator.

In a brief, Mayes' office said a prosecutor asked jurors not to indict Trump while they considered possible charges, citing a U.S. Justice Department policy that prohibits prosecuting a person twice for the same crime. The prosecutor also did not know whether authorities had all the evidence they needed to indict Trump at the time.

Eleven people nominated as Republican electors in Arizona met in Phoenix on December 14, 2020, to sign a certification certifying themselves as “duly elected and qualified” electors and claiming that Trump won the state in the 2020 election.

President Joe Biden won in Arizona by 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 charges related to electoral vote fraud. Authorities in Arizona filed the charges in late April.

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