Arizona Judge to Consider Dismissing ‘Fake Electors’ Case

An Arizona judge is set to hear arguments in Phoenix on Monday over whether to dismiss charges against a group of Republicans accused of falsely claiming that Donald Trump won the state in the 2020 presidential election.
A grand jury in April indicted 18 allies of the former president for allegedly conspiring to overturn President Joe Biden’s 2020 presidential election victory in Arizona in a case brought by Democratic Arizona Attorney General Kris Mayes. The 58-page indictment accuses the individuals of acting as fake electors and working to overturn the state’s 2020 presidential election results. The defendants faced charges of conspiracy, fraud and forgery. Trump was also referred to as an “unindicted co-conspirator” in the indictment but has not been charged.
Among the 18 charged are 11 individuals who signed a document falsely declaring Trump the winner in Arizona. The document stems from a meeting held by the 11 Republican electors in Phoenix on December 14, 2020, as the group falsely signed the certificate in favor of Trump despite Biden carrying the state by 10,457 votes. The document was later sent to Congress and the National Archives but was ignored.
According to the Associated Press, Monday’s hearing comes as at least a dozen defendants are seeking dismissal under a recently amended Arizona law that shields individuals from baseless legal actions. This law, originally designed to protect against civil lawsuits, was expanded by the Republican-led legislature in 2022 to cover criminal charges as well.
The accused argue that the charges brought by Mayes are an attempt to silence their constitutionally protected speech regarding the 2020 election. They also claim that Mayes, who campaigned on investigating the fake elector case, is biased against Trump and his supporters.
Prosecutors, however, contend that the defendants’ actions crossed the line from free speech into fraud.
Newsweek reached out to Mayes’ office via email on Monday for comment.
Monday’s hearing comes after some defendants have already resolved their cases. Jenna Ellis, a former Trump campaign attorney, entered a cooperation agreement leading to the dismissal of her charges. She previously pleaded not guilty in June, raising eyebrows after having pleaded guilty to a similar case in Georgia.
In October 2023, Ellis accepted a plea deal and pleaded guilty to one felony count in the Georgia 2020 election interference case after she was indicted alongside the former president and 17 others in Fulton County District Attorney Fani Willis’ sprawling racketeering case. Trump, meanwhile, has pleaded not guilty in the case and has consistently denied wrongdoing.
Similar criminal charges related to the fake elector scheme have also been filed in Michigan, Nevada, Georgia and Wisconsin.
Meanwhile, Republican activist Loraine Pellegrino became the first person convicted in the Arizona case after pleading guilty to a misdemeanor and receiving probation.
Former Trump Chief of Staff Mark Meadows is also attempting to move his charges to federal court, where his legal team plans to seek dismissal.
The remaining defendants have all pleaded not guilty.