Democrat Arizona AG Kris Mayes’ Alternate Trump Electors Case on Life Support After Judge Says Charges May Have Violated First Amendment

The Arizona alternate Trump electors case brought by Democrat Attorney General Kris Mayes started to crumble last year after a judge allowed the defendants to argue the charges are politically motivated.

During a hearing last year, Maricopa County Superior Court Judge Bruce Cohen said he was open to listening to the defendants’ arguments to have the indictment thrown out under Arizona’s anti-SLAPP law, which was recently expanded by the legislature to cover vindictive politically motivated charges.

On Monday, Maricopa County Judge Sam Myers said the defendants successfully argued that the charges against them appear to have violated the state’s anti-SLAPP statute.

“Myers said that Arizona Democratic Attorney General Kris Mayes’ declaration when announcing the indictment that “this should never happen again” can be construed as assigning political motivation to the prosecution,” Courthouse News reported.

Arizona prosecutors have 45 days to respond to the judge’s finding and prove the charges were to enforce the law and not violate the First Amendment rights of the defendants.

Trump 2020 election lawyer John Eastman responded to the judge’s finding: Major ruling in the Arizona electors case this a.m. The new judge just ruled that I met the prima facie case required to dismiss under the anti-SLAPP statute — that is, 1st Amend. rights implicated, & substantial evid. that the prosecution was to retaliate or deter those rights.

Major ruling in the Arizona electors case this a.m. The new judge just ruled that I met the prima facie case required to dismiss under the anti-SLAPP statute — that is, 1st Amend. rights implicated, & substantial evid. that the prosecution was to retaliate or deter those rights.

— John Eastman (@DrJohnEastman) February 10, 2025

“Just to clarify. The AG now has to prove that she wasn’t motivated by desire to retaliate or deter 1A rights. Their brief is due March 25. The judge also rejected the AG’s claim that the anti-SLAPP statute is unconstitutional,” John Eastman said.

Just to clarify. The AG now has to prove that she wasn’t motivated by desire to retaliate or deter 1A rights. Their brief is due March 25. The judge also rejected the AG’s claim that the anti-SLAPP statute is unconstitutional.

— John Eastman (@DrJohnEastman) February 10, 2025

Via Courthouse News:

Defendants in Arizona’s “fake elector” case are closer to winning motions to dismiss fraud and conspiracy charges stemming from an apparent attempt to overturn the results of the 2020 presidential election, having shown that the charges brought against them seem intended to stifle First Amendment speech, a judge said Monday morning.

Maricopa County Judge Sam Myers said the 16 defendants demonstrated in their briefings that the charges in the April 2024 indictment appear on their face to attack what is “at least in part some arguably lawful speech,” violating Arizona’s anti-SLAPP law, which prevents legal action seeking to suppress free speech.

Myers said that Arizona Democratic Attorney General Kris Mayes’ declaration when announcing the indictment that “this should never happen again” can be construed as assigning political motivation to the prosecution.

In April Trump 2020 alternate electors, GOP state legislators, former Arizona GOP chairwoman Kelli Ward and others were indicted by a state grand jury in Arizona.

A total of 18 people involved in the Arizona alternate electors plan were indicted by the Arizona grand jury last year.

Trump lawyers Christina Bobb, Jenna Ellis, Rudy Giuliani and John Eastman were all charged with felonies.

President Trump was named “Unindicted Coconspirator-1” in the indictment because he made a phone call about the ballot counting to former governor Doug Ducey.

Arizona’s Democrat Attorney General Kris Mayes defended her witch hunt and the curious timing of the indictment – just months before the 2024 general election. Make no mistake, the charges were a warning shot to anyone who may have wanted to challenge the 2024 election.

“We conducted a thorough and professional investigation over the past 13 months into the fake electors scheme in our state,” Arizona’s Democrat Attorney General Kris Mayes said in a video announcing the charges. “I understand for some of you today didn’t come fast enough. And I know I’ll be criticized by others for conducting this investigation at all. But as I’ve stated before, and we’ll say here again, today, I will not allow American democracy to be undermined.”

All nine felony charges against former Trump lawyer Jenna Ellis, including fraud, forgery, and conspiracy, were previously dropped in a plea deal.

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