On Wednesday, August 28, 2024, the Associated Press reported that a three-day hearing in an Arizona court concerning charges against Republicans accused of plotting to overturn the 2020 presidential election results had concluded with prosecutors seeking to dismiss arguments from the defendants that the case was politically motivated.
The defendants, which include two former Trump aides and five lawyers connected to former President Donald Trump, including Rudy Giuliani, are facing charges of fraud, conspiracy, and forgery for their alleged roles in submitting a document that falsely claimed Trump defeated Joe Biden in Arizona.
The case is being heard by Maricopa County Superior Court Judge Bruce Cohen, who is considering motions to dismiss from at least a dozen of the 18 people indicted in April. Prosecutor Nicholas Klingerman explained that an Arizona grand jury issued the indictments, and the case simply aims to punish past criminal behavior, deter future efforts to change election outcomes illegally and educate the public.
Klingerman added that prosecutors had asked the grand jury to consider not indicting more Republicans than were ultimately charged. Arizona Attorney General Kris Mayes echoed this in a statement, saying the defense motions is an effort to “deflect from the facts of this case and muddy the waters in the public eye.”
However, defense attorneys argued the prosecution violates their clients’ constitutionally protected free speech about the 2020 election and actions taken in response. They cited an Arizona law barring baseless legal actions intended to silence critics. The attorneys also allege Mayes showed bias against Trump and his supporters by campaigning on investigating fake electors. This law, known as an anti-SLAPP statute, was amended in 2022 to apply to criminal cases involving the lawful exercise of rights like speech.
Judge Cohen pressed Klingerman on what constituted illegal acts allegedly committed by the defendants. A former Trump campaign attorney had charges dismissed after a cooperation agreement, while one defendant has pleaded guilty to a misdemeanor and been sentenced to probation. The remaining parties have pleaded not guilty and their trial is scheduled for January 2025. Another defendant is seeking to move his charges to federal court.
The hearing finished with no rulings yet from Judge Cohen on the dismissal motions, though he said he would rule separately on each one at different times. A final decision could impact whether the case proceeds and how political actors participate in future elections.
Source: AZPM
