Arizona fake electors case: Judge rules for further hearings on free speech defense
AZ fake electors say evidence points to state violating anti-SLAPP law
Attorneys for the defendants claim the case violates a 2022 state law known as "SLAPP," which allows cases to be dismissed if the defense can prove the case violates freedom of speech. A judge ruled the defense's motion for dismissal warrants a response from the state, meaning the trial will not continue until a ruling is made on the anti-SLAPP motion.
PHOENIX - A big legal victory for the so-called "Arizona fake electors" after a judge allowed them to continue their free speech defense.
Several Republicans are charged with signing a document falsely claiming Donald Trump won the 2020 election in Arizona.
What they're saying:
Attorneys for the defendants claim the case violates a 2022 state law known as "SLAPP," which allows cases to be dismissed if the defense can prove the case violates freedom of speech.
A judge ruled the defense's motion for dismissal warrants a response from the state, meaning the trial will not continue until a ruling is made on the anti-SLAPP motion.
Attorney General Kris Mayes says the state disagrees with the ruling and will pursue an appeal.
"It is not the lawful exercise of free speech to file forged slates of electors to deprive Arizona of their right to vote," Mayes said in a statement.
The backstory:
Among those charged are 11 people who submitted a document falsely claiming Trump won Arizona, two former Trump aides and five lawyers connected to Trump, including Rudy Giuliani.
The indictment alleges that Giuliani pressured Maricopa County officials and state legislators to change the election results and encouraged Republican electors in the state to vote for Trump in mid-December 2020. The indictment says Giuliani spread false claims of election fraud in Arizona and presided over a downtown Phoenix gathering where he claimed officials made no effort to determine the accuracy of presidential election results.
Dig deeper:
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. A trial date has been set for Jan. 5, 2026.
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