Arizona fake electors case: Hearing over whether to dismiss charges stretches into 2nd day

PHOENIX (AP) - A hearing on whether to dismiss charges against Republicans accused of scheming to overturn the outcome of the 2020 presidential race in Arizona stretched into a second day on Aug. 27.

Maricopa County Superior Court Judge Bruce Cohen, who is presiding over the case, is considering requests from at least a dozen defendants who were indicted in April on charges of forgery, fraud and conspiracy.

In all, an Arizona grand jury indicted 18 Republicans. They include 11 people who submitted a document falsely claiming former President Donald Trump won Arizona, two former Trump aides and five lawyers connected to the former president, including Rudy Giuliani.

Those seeking to dismiss their cases have cited an Arizona law that bars using baseless legal actions in a bid to silence critics. The law had long offered protections in civil cases but was amended in 2022 by the Republican-led Legislature to cover people facing most criminal charges.

People outside of Arizona were also indicted

While not a fake elector in Arizona, the indictment alleged Giuliani pressured Maricopa County officials and state legislators to change the outcome of Arizona’s results and encouraged Republican electors in the state to vote for Trump in mid-December 2020. The indictment said Giuliani spread false claims of election fraud in Arizona after the 2020 election and presided over a downtown Phoenix gathering where he claimed officials made no effort to determine the accuracy of presidential election results.

Mark Williams, Giuliani’s attorney, said Monday that the charges against his client should be thrown out because he did nothing criminal. Williams said Giuliani was exercising his rights to free speech and to petition the government.

"How is Mr. Giuliani to know that, oh my gosh, he presided over a meeting in downtown Phoenix," Williams asked sarcastically. "How is he to know that that’s a crime?"

Officials with Mayes’ office also has said the grand jury that brought the indictment wanted to consider charging Trump, but prosecutors urged them not to. Trump ultimately wasn’t charged. The indictment refers to him as an unindicted coconspirator.

Defendants argue Arizona AG is trying to silence them

The defendants appearing in person and virtually in court this week argue Democratic Attorney General Kris Mayes tried to use the charges to silence them for their constitutionally protected speech about the 2020 election and actions taken in response to the outcome of the presidential race. President Joe Biden won Arizona in the 2020 election by 10,457 votes.

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

"Anybody with half a brain would understand why it was brought," said attorney Dennis Wilenchik, who was representing Jim Lamon, one of the alleged fake electors.

Defense attorneys also claimed Mayes campaigned on charging their clients.

"What is wrong about somebody running for office saying they believe a crime is committed?" the presiding judge asked.

"What they shouldn't be doing is commenting on a specific case and what they're going to be doing, and what that motivation is," said Brad Miller, who is representing Michael Ward and Kelli Ward.

"All that rhetoric is a bunch of hot air," Wilenchick said. "If you believe it, I got a bridge to sell you in Brooklyn."

Some have resolved their legal issues

So far, two defendants have resolved their cases.

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

The remaining defendants have pleaded not guilty to the charges. Their trial is scheduled to start Jan. 5, 2026.

Former Trump presidential chief of staff Mark Meadows is trying to move his charges to federal court, where his lawyers say they will seek a dismissal of the charges.

Meanwhile, the proceedings will resume on the morning of Aug. 28, where prosecutors will have a chance to defend themselves against the accusations leveled.