Case of fraudulent electors in Arizona: Hearing on dismissal of charges continues into second day

PHOENIX (AP) – A hearing on dismissing charges against Republicans accused of plotting to manipulate the outcome of the 2020 presidential election in Arizona lasted into its second day on August 27.

Maricopa County Superior Court Judge Bruce Cohen, who is presiding over the case, checks requests of at least a dozen defendants who were charged in April with forgery, fraud and conspiracy.

In total, a grand jury in Arizona indicted 18 Republicans, including 11 people who filed a document falsely claiming former President Donald Trump won Arizona, two former Trump associates and five lawyers affiliated with the former president, including Rudy Giuliani.

Those seeking to have their lawsuits dismissed are citing an Arizona law that prohibits meritless lawsuits designed to silence critics. The law has long provided protection in civil cases but was changed by the Republican-led Legislature in 2022 to cover most people facing criminal charges.

People outside Arizona were also charged

Although Giuliani was not a fraudulent elector in Arizona, the indictment alleges that he pressured Maricopa County officials and state lawmakers to change the outcome of Arizona's election, and that he encouraged Republican electors in the state to vote for Trump in mid-December 2020. The indictment alleges that Giuliani spread false claims of voter fraud in Arizona after the 2020 election and presided over a rally in downtown Phoenix where he claimed that officials made no effort to verify the accuracy of the presidential election results.

Mark Williams, Giuliani's lawyer, said Monday that charges against his client should be dropped because he has done nothing criminal. Williams said Giuliani has exercised his right to free speech and petition the government.

“How would Mr. Giuliani know that, oh my God, he was presiding over a meeting in downtown Phoenix,” Williams asked sarcastically. “How would he know that this is a crime?”

Officials from Mayes' office also said the grand jury that brought the indictment wanted to consider a fee Trump, but prosecutors urged them not to. Trump was ultimately not charged. The indictment names him as an unindicted co-conspirator.

Defendants claim Arizona Attorney General is trying to silence them

The defendants, who are appearing in court in person and virtually this week, argue that Democratic Attorney General Kris Mayes sought to use the indictment to silence them over their constitutionally protected statements about the 2020 election and their actions in response to the outcome of the presidential race. President Joe Biden won Arizona in the 2020 election with 10,457 votes.

In court on Tuesday, the defendants' lawyers suggested that the charges were politically motivated.

“Anyone with half a brain would understand why the proceedings were initiated,” said attorney Dennis Wilenchik, who represented Jim Lamon, one of the alleged election fraudsters.

The defense also claimed that Mayes had pushed for charges to be brought against her clients.

“What is wrong with someone running for office saying he believes a crime has been committed?” asked the presiding judge.

“They shouldn't comment on a specific case and what they're going to do and what their motivation is,” said Brad Miller, who represents Michael Ward and Kelli Ward.

“All this rhetoric is hot air,” Wilenchick said. “If you believe it, I can sell you a bridge in Brooklyn.”

Some have solved their legal problems

So far, the cases of two defendants have been settled.

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

The remaining defendants have pleaded not guilty. Their trial is scheduled to begin on January 5, 2026.

Former Trump Presidential Chief of Staff Mark Meadows is tries to move his charges in federal court, where his lawyers say they will seek a dismissal of the charges.

Meanwhile, the trial will continue on the morning of August 28. Then the prosecutors will have the opportunity to defend themselves against the charges.