On Monday, an Arizona judge will hear arguments in Phoenix regarding whether to dismiss charges against several Republicans accused of falsely asserting that Donald Trump won the state’s 2020 presidential election.
In April, a grand jury indicted 18 individuals tied to Trump, allegedly involved in a conspiracy to overturn President Joe Biden’s election win in Arizona. This case, led by Democratic Attorney General Kris Mayes, details accusations of these individuals acting as fake electors. The indictment, spanning 58 pages, includes charges of conspiracy, fraud, and forgery, with Trump named as an “unindicted co-conspirator.”
Among the charged individuals are 11 who signed a document incorrectly declaring Trump the victor in Arizona. This document was produced during a meeting of these GOP electors in Phoenix on December 14, 2020, even after Biden won the state by a margin of 10,457 votes. This false certificate was submitted to Congress and the National Archives but ultimately disregarded.
According to the Associated Press, the upcoming hearing is prompted by at least a dozen defendants seeking to have their charges dismissed under a recently updated Arizona law that aims to protect individuals from what they consider unfounded legal actions. Originally established to defend against civil lawsuits, the Republican-led legislature broadened this law in 2022 to include criminal charges.
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The defendants argue that Mayes’ charges infringe on their right to protected speech regarding the 2020 election. They further allege that Mayes is biased against Trump and his supporters, given her campaign promise to investigate the fake elector scenario.
Conversely, prosecutors assert that the defendants crossed the line from exercising free speech into committing fraud.
This hearing arrives after some defendants, like Jenna Ellis, a former attorney for Trump’s campaign, have already settled their legal issues. Ellis, who entered a cooperation agreement, had her charges dropped after initially pleading not guilty in June—after previously pleading guilty in a similar case in Georgia.
In October 2023, Ellis accepted a plea agreement, admitting to one felony charge related to the Georgia election interference case, in which she was indicted alongside Trump and 17 others. Trump has maintained his not guilty plea and denies any wrongdoing.
Other states, including Michigan, Nevada, Georgia, and Wisconsin, have also levied similar criminal charges connected to the fake elector plot.
In Arizona, Loraine Pellegrino stands out as the first individual convicted in this case, having pleaded guilty to a misdemeanor and receiving probation.
Former Chief of Staff Mark Meadows is working to transfer his case to federal court, where his team plans to seek dismissal as well. Meanwhile, the remaining defendants continue to plead not guilty.