Arizona fake electors case: Suspects want charges dismissed

Alleged AZ fake electors want charges dismissed

Attorneys representing a number of Arizonans who are accused in the so-called 'fake electors case' argue that the charges filed against them should be thrown out. FOX 10's Steve Nielsen reports.

PHOENIX - A judge heard arguments Monday in a Phoenix courtroom over whether to throw out charges against Republicans who signed a document falsely claiming Donald Trump won Arizona in the 2020 election and others who are accused of scheming to overturn the presidential race’s outcome.

In all, 18 Republicans were charged with forgery, fraud and conspiracy. The defendants consist of 11 Republicans who submitted a document falsely claiming Trump won Arizona, two former Trump aides and five lawyers connected to the former president, including Rudy Giuliani, whose lawyer says his charges should be thrown out because he did nothing criminal.

Attorney Mark Williams said Giuliani was exercising his rights to free speech and 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?"

Williams also told a judge that "This is a prosecution brought by a Democrat prosecutor, and they're trying to manufacture a crime when there is no crime here."

"I am not going to infuse, except in relevant, politics into these legal issues," the judge replied.

While not one of the alleged fake electors 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.

Accusations leveled against the state

At least a dozen defendants are seeking a dismissal under 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.

For Monday's proceedings, the case was moved to larger courtroom. During the proceedings, the attorney for Jim Lamon, who is among the slate of alleged fake electors, argued that the charge against his client should be thrown out.

"It was a contingent slate. That is the whole point," said Dennis Wilenchik. "The State refuses to hear. They put their hands over their ears, and don't want to hear it."

Wilenchik said there was an election deadline, and the document had to be signed in case the court ordered a recount.

"This was not some illegal scheme that was hashed behind some bar and grill," said Wilenchik. "This was out in the open, understood it was never hidden. This was the plan."

Prosecutors, meanwhile, argue that the true intent was in the document.

"If your whole point is ‘I’m just sending this in because it's a contingency and if I happen to win some legal challenge that happened to the election in Arizona,' that is different then suing Vice President [Mike] Pence to say ‘we’ve submitted these votes, and you should accept them,'" said Crystal Wick. "So it's not just simply taking a concern to the court. It's a part of a larger scheme to overturn the valid election results."

Trial date set

A trial date was set for Jan. 5 of 2026.

Meanwhile, 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.

President Joe Biden won Arizona by 10,457 votes. A one-minute video of the signing ceremony was posted on social media by the Arizona Republican Party at the time. The document was later sent to Congress and the National Archives, where it was ignored.

Prosecutors in Michigan, Nevada, Georgia and Wisconsin have also filed criminal charges related to the fake electors scheme. Arizona authorities unveiled the felony charges in late April.