PHOENIX — A judge in Arizona has ordered the high-profile case against Republicans accused of trying to overturn the 2020 presidential election results to be sent back to the grand jury for further review, marking a setback for prosecutors.
The case involves 18 Republicans charged with conspiracy, fraud, and forgery related to submitting false documents claiming former President Donald Trump won Arizona. Although the case remains active, Maricopa County Superior Court Judge Sam Myers ruled that the grand jury must reconsider whether there is probable cause to move forward.
Judge’s Reasoning: Electoral Count Act and Legal Procedures
- The decision focuses on the Electoral Count Act, a federal law governing the certification of presidential elections.
- While the law was discussed during the grand jury proceedings, prosecutors did not provide jurors with the statute’s language.
- Judge Myers concluded that prosecutors failed their duty to fully instruct the grand jury on applicable law, denying the defendants a “substantial procedural right” under Arizona law.
Prosecutors’ Response and Next Steps
- A spokesperson for Arizona Attorney General Kris Mayes, Democrat and lead prosecutor, said they vehemently disagree with the ruling and plan to appeal.
- Legal experts note that sending cases back to grand juries can happen if prosecutors give incomplete or misleading evidence or fail to properly instruct jurors.
About the Defendants and Charges
- The 18 defendants include:
- 11 Republicans who signed a fake certificate claiming Trump won Arizona
- 2 former Trump aides
- 5 lawyers connected to Trump, including Rudy Giuliani
- Two defendants have already resolved their cases; others have pleaded not guilty.
- Former President Trump is not charged but is named as an unindicted coconspirator.
Legal Arguments and Claims
- Defendants argue the charges are a retaliation attempt to silence their constitutionally protected speech about the election.
- Prosecutors contend the defendants engaged in fraud, crossing the line beyond protected speech.
Broader Context: The Fake Elector Scheme
- Eleven Republicans met on Dec. 14, 2020, to sign a certificate falsely declaring Trump as Arizona’s winner, despite President Joe Biden winning the state by over 10,000 votes.
- This document was sent to Congress and the National Archives but was ignored.
- Similar criminal charges regarding fake electors have been filed in Michigan, Nevada, Georgia, and Wisconsin.
Source Attribution
Information sourced from:
- Maricopa County Superior Court documents
- Statements by Arizona Attorney General Kris Mayes’ office
- Washington Post and local Phoenix news outlets