Prosecutors in Arizona's fraudulent electoral college case deny defendants' claims of political motive

PHOENIX (AP) – A three-day hearing on dismissing charges against Republicans accused of Plans to overturn the results of the close 2020 presidential race in Arizona ended Wednesday, with prosecutors insisting their case was not politically motivated after the defendants argued their alleged conduct was constitutionally protected free speech.

What is the case about?

Maricopa County Superior Court Judge Bruce Cohen is reviewing applications from at least a dozen 18 people Indictments were filed in April to dismiss charges of fraud, conspiracy and forgery. Defendants in the case include 11 people who filed a document falsely claiming Donald Trump defeated Joe Biden in Arizona, two former Trump associates and five Trump-affiliated lawyers, including Rudy Giuliani.

No charges were brought against Trump, but he was named in the indictment as an unindicted co-conspirator.

The indictment alleges that Giuliani pressured Maricopa County officials and state lawmakers to change the election results and encouraged Republican electors in the state to vote for Trump in mid-December 2020. The indictment alleges that Giuliani spread false claims about voter fraud in Arizona and presided over a rally in downtown Phoenix where he claims officials made no effort to verify the accuracy of the presidential election results.

Prosecutors insist the case is not politically motivated

Prosecutor Nicholas Klingerman told the judge Wednesday that the indictment was brought by an Arizona grand jury and that the prosecution was not driven by hostility toward Republicans.

“This prosecution is nothing more than enforcing the law against those accused of committing fraud, forgery and conspiracy to change the outcome of a lawful election because they were unhappy with the result,” Klingerman said. “And like all criminal prosecutions, it is about punishing past conduct, educating the public and preventing future attempts to do the same.”

“The fact is that the state asked the grand jury not to indict more Republicans than the grand jury actually indicted,” Klingerman added. “The state asked the grand jury not to indict Donald Trump.”

In a statement issued after the hearing, Arizona Attorney General Kris Mayes, a Democrat, called the defendants' motions an attempt to “distract from the facts of this case and confuse the public.”

“Let me be clear: The charges in this case were not politically motivated,” Mayes said.

Defenders base their argument on the argument of freedom of expression

Defense attorneys argued this week that Mayes used the indictment to silence her clients' constitutionally protected statements about the 2020 election and the actions taken in response to its outcome.

They cited an Arizona law that prohibits baseless lawsuits to silence critics. They also said Mayes' campaign focused on investigating fraudulent electors and was biased against Trump and his supporters.

Which law do the defense attorneys rely on?

The law in question, commonly referred to as the anti-SLAPP law, long provided protection from civil lawsuits before the Republican-led legislature amended it in 2022 to cover most people facing criminal charges.

It states that in court cases involving the lawful exercise of certain rights, such as the right to free speech, individuals may file a motion to dismiss the case and must show that the action is “substantially motivated by a desire to prevent, retaliate, or obstruct the lawful exercise of a constitutional right.”

According to a spokesperson for Mayes, the anti-SLAPP law has not been used in a criminal case since it was amended in 2022.

Prosecutors argue that Arizona law does not apply to this case, but the judge pressed Klingerman on Wednesday about what he believes are illegal acts the defendants allegedly committed.

“The difference between talk and action really worries me,” Cohen said.

When will the judge rule on the motions to dismiss?

Cohen said Tuesday he would decide on each request individually – possibly at different times – but did not say Wednesday when he would announce the decisions.

Jenna Ellis, a former Trump campaign lawyer who worked closely with Giuliani, signed a cooperation agreement with prosecutors that resulted in the dismissal of her charges. Republican activist Loraine Pellegrino became 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 dismissal.

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This article has been corrected to show that defense attorneys did not present arguments on Wednesday.

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Associated Press writer Gabriel Sandoval in Phoenix contributed to this report.