A hearing is set to take place in a Phoenix courtroom on Monday regarding the potential dismissal of charges against several Republicans involved in a case related to the 2020 election. The defendants are accused of signing a document falsely claiming that Donald Trump had won Arizona and engaging in a scheme to overturn the election results.
At least a dozen defendants are seeking a dismissal under an Arizona law that prohibits the use of baseless legal actions to silence critics. This law, originally designed for civil cases, was expanded in 2022 by the Republican-led Legislature to cover individuals facing criminal charges.
The defendants argue that the charges brought by Democratic Attorney General Kris Mayes are an attempt to stifle their constitutionally protected speech regarding the 2020 election and their responses to its outcome. They claim that Mayes, who campaigned on investigating the fake elector case, has shown bias against Trump and his supporters.
Prosecutors, on the other hand, maintain that the defendants lack evidence to support their claim of retaliation and assert that their actions crossed the line from protected speech to fraud. Mayes' office has also revealed that the grand jury, which issued the indictment, had considered charging former President Trump but was advised against it by prosecutors.
A total of 18 Republicans face charges including forgery, fraud, and conspiracy. Two defendants have already resolved their cases, with one entering a cooperation agreement leading to the dismissal of charges and another pleading guilty to a misdemeanor charge.
Former Trump presidential chief of staff Mark Meadows is seeking to transfer his case to federal court, where his legal team plans to seek a dismissal of the charges. While Trump himself was not charged in Arizona, the indictment refers to him as an unindicted coconspirator.
The case stems from an incident in December 2020 when 11 individuals falsely claimed to be Arizona's Republican electors and asserted that Trump had won the state, despite President Joe Biden's victory by over 10,000 votes. Similar criminal charges have been filed in other states, including Michigan, Nevada, Georgia, and Wisconsin, related to the fake electors scheme.
