PHOENIX (AP) — A three-day hearing on whether to drop charges against Republicans accused of plot to overturn the results The tight 2020 presidential race in Arizona ended Wednesday with prosecutors insisting their case was not politically motivated after the defendants argued their alleged conduct was constitutionally protected free speech.
What is it about?
Maricopa County Superior Court Judge Bruce Cohen is reviewing requests from at least a dozen 18 people indicted in April to drop charges of fraud, conspiracy and forgery. Those charged in the case include 11 people who submitted a document falsely claiming that Donald Trump defeated Joe Biden in Arizona, two former Trump aides and five lawyers with ties to Trump, including Rudy Giuliani.
Trump has not been charged, but he is named in the indictment as an unindicted co-conspirator.
The indictment alleges that Giuliani pressured Maricopa County officials and state lawmakers to change the election results and encouraged Republican voters in the state to vote for Trump in mid-December 2020. The indictment says Giuliani spread false claims of voter fraud in Arizona and led a rally in downtown Phoenix where he claimed officials made no effort to determine the accuracy of the presidential election results.
Prosecutors insist the case is not politically motivated
Prosecutor Nicholas Klingerman told the judge Wednesday that an Arizona grand jury issued the indictments and that the prosecution was not motivated by animus toward Republicans.
“These prosecutions are simply about enforcing the law against those who are accused of committing fraud, tampering and conspiracy to change the outcome of a lawful election because they were unhappy with the results,” Klingerman said. “And like all criminal prosecutions, they are about punishing past behavior, educating the public and deterring future attempts to do the same thing.”
“The fact is that the state asked the grand jury not to indict more Republicans than the number of defendants it actually indicted,” Klingerman added. “The state asked the grand jury not to indict Donald Trump.”
In a statement released after the hearing, Arizona Attorney General Kris Mayes described the defendants’ motions as an attempt to “distract from the facts of this case and confuse the public.”
“Let’s be clear: The indictments in this case were not politically motivated,” Mayes said.
Defense attorneys base their argument on freedom of speech
Defense attorneys argued that Mayes used the indictment to silence their clients’ constitutionally protected speech about the 2020 election and actions taken in response to its outcome.
On Wednesday, they cited an Arizona law that prohibits the use of baseless lawsuits to try to silence critics. They also said Mayes campaigned on fake voters and was biased against Trump and his supporters.
What is the law cited by the defense attorneys?
The law in question, commonly known as the anti-SLAPP law, had long offered protections from civil lawsuits before being amended in 2022 by the Republican-led legislature to cover people facing most criminal charges.
It states that in a lawsuit involving the lawful exercise of certain rights, such as the right to freedom of expression, individuals can file a motion to dismiss and must show that the lawsuit is “substantially motivated” by a “desire to deter, retaliate against, or prevent the lawful exercise of a constitutional right.”
The anti-SLAPP law has not been used in a criminal case since it was amended in 2022, according to a spokesperson for Mayes.
Prosecutors argue that Arizona law does not apply to the case. But the judge pressed Klingerman Wednesday on what he considered illegal acts allegedly committed by the defendants.
“I’m really concerned about the difference between words and actions,” Cohen said.
When will the judge rule on the motions to dismiss?
Cohen said Tuesday he would rule on each motion separately — potentially at different times — but did not indicate Wednesday when he would issue his rulings.
Former Trump campaign lawyer Jenna Ellis, who worked closely with Giuliani, signed a cooperation agreement with prosecutors that led to her charges being dismissed. Republican activist Loraine Pellegrino has become the first person to be convicted in the Arizona case, when she pleaded guilty to a misdemeanor and was sentenced to probation.
The other defendants have pleaded not guilty. Their trial is scheduled to begin on January 5, 2026.
Trump’s former presidential chief of staff, Mark Meadows, is trying to move his loads in federal court, where his lawyers say they will seek a dismissal.
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Associated Press writer Gabriel Sandoval in Phoenix contributed to this report.
