Arizona Dismisses Fake Elector Case Against Trump Aides, Plans New Grand Jury Indictment

Arizona Attorney General Kris Mayes announced on Thursday the dismissal of a sprawling criminal case accusing former President Donald Trump's chief of staff Mark Meadows, former New York City Mayor Rudy Giuliani, and 16 others of attempting to overturn Trump's 2020 loss in Arizona. The move marks the third state-level fake elector case to be dismissed, following similar dismissals in Michigan and Georgia. However, Mayes vowed to return the case to a grand jury in hopes of securing a new indictment.

The dismissal is a legal maneuver designed to circumvent a Friday deadline for initiating new grand jury proceedings. This deadline emerged after Mayes lost an appeal earlier in June. Defense attorneys successfully argued that the original grand jury had not been shown relevant portions of Arizona law governing presidential election certification. Prosecutors stated that the case's complexity and the defendants' requests to testify and present evidence would require substantial time, making the deadline impossible to meet.

The case involves 18 defendants: two former Trump aides, five Trump campaign lawyers, and 11 Republicans who submitted a document falsely claiming Trump won Arizona. Of these, three have resolved their cases, including one who pleaded guilty to a misdemeanor, while the remainder have entered not guilty pleas. Some defendants argued they signed the certificate as a precaution in case Trump won court challenges and an alternative slate was needed before Congress' January 6 deadline. Joe Biden won Arizona in 2020 by 10,457 votes.

The case has faced significant obstacles. It was filed nearly three and a half years after the 2020 election and involves complicated conspiracy charges. The original judge recused himself in late 2024 after an email surfaced in which he directed fellow judges to speak against attacks on Vice President Kamala Harris' presidential campaign. A dozen dismissal motions from defense attorneys have slowed court proceedings. Mark L. Williams, an attorney for Giuliani, characterized the case as an attempt to punish his client and others for exercising constitutional rights to free speech and petition the government.

Meanwhile, related fake elector cases remain active in Nevada and Wisconsin. A federal case against Trump involving allegations of election conspiracy was dropped by a special prosecutor in late 2024 after Trump's 2024 election victory. The Arizona case has become a factor in the state's attorney general race, with both Republican challengers to Mayes publicly pledging to dismiss the charges if elected. Mayes is running unopposed in the July 21 Democratic primary.