Maricopa County Superior Court Judge Bruce Cohen is considering requests from at least a dozen of 18 people indicted in April to dismiss charges of fraud, conspiracy and forgery.
Trump was not charged but was referred to as an unindicted co-conspirator in the indictment.
The indictment alleges that Giuliani pressured Maricopa County officials and state legislators to change the election results and encouraged Republican electors in the state to vote for Trump in mid-December 2020.
The indictment says Giuliani spread false claims of election fraud in Arizona and presided over a downtown Phoenix gathering where he claimed officials made no effort to determine the accuracy of presidential election results.
They cited an Arizona law that bars using baseless legal actions in a bid to silence critics.
They also said Mayes campaigned on investigating fake electors and showed a bias against Trump and his supporters.
Prosecutors contend that the Arizona law does not apply to this case.
But the judge pressed Klingerman Wednesday about what he considered to be illegal acts allegedly committed by the defendants.
Former Trump campaign attorney Jenna Ellis, who worked closely with Giuliani, signed a cooperation agreement with prosecutors that led to the dismissal of her charges.
Republican activist Loraine Pellegrino became the first person to be convicted in the Arizona case when she pleaded guilty to a misdemeanor charge and was sentenced to probation.
PHOENIX (AP) — Prosecutors argue their case is not politically motivated, and defendants argued their alleged conduct was protected free speech under the constitution. On Wednesday, the three-day hearing on whether to dismiss charges against Republicans accused of plotting to overturn the results of the close 2020 presidential race in Arizona came to an end.
Concerning what is the case?
At least twelve of the eighteen defendants indicted in April have asked for their charges of fraud, conspiracy, and forgery to be dropped, according to Maricopa County Superior Court Judge Bruce Cohen. Eleven individuals who allegedly submitted a document erroneously asserting that Donald Trump had defeated Joe Biden in Arizona, two former Trump aides, and five attorneys associated with the candidate—among them Rudy Giuliani—are among those charged in the case.
The indictment listed Trump as an unindicted co-conspirator but did not charge him.
Giuliani is accused in the indictment of pressuring Maricopa County officials and state lawmakers to alter the election results and urging Republican voters in the state to support Trump in the middle of December 2020. Giuliani allegedly presided over a meeting in downtown Phoenix where he asserted that officials had not attempted to verify the validity of the presidential election results, and he disseminated false allegations of election fraud in Arizona, according to the indictment.
The case is not politically motivated, according to the prosecution.
The prosecution is not motivated by hatred toward Republicans, the prosecutor Nicholas Klingerman informed the judge on Wednesday. The grand jury in Arizona issued the indictments.
“Enforcing the law against those who are alleged to have committed frauds, forgeries, and conspiracies to change the outcome of a lawful election because they were unhappy with the results is the only goal of this prosecution,” Klingerman stated. Additionally, it aims to educate the public, punish previous behavior, and discourage similar actions in the future, just like all criminal prosecutions. “.
Furthermore, Klingerman said, “The grand jury was asked by the state to think twice before indicting more Republicans than it actually did.”. “The grand jury was asked by the state to think twice before charging Donald Trump. “.
The defendants’ motions, according to Democratic Arizona Attorney General Kris Mayes, are an attempt to “deflect from the facts of this case and muddy the waters in the public eye,” she said in a statement following the hearing. “.
To be clear, Mayes stated, “there was no political motivation behind the indictments in this case.”.
The defense team’s case is predicated on the right to free speech.
This week, defense lawyers contended that Mayes has utilized the indictment to stifle their clients’ speech regarding the 2020 election and the steps taken in reaction to its results, speech that is protected by the Constitution.
They cited a statute in Arizona that prohibits trying to silence critics with irrational lawsuits. They said Mayes displayed bias against Trump and his supporters and ran on a platform of looking into phony electors.
Which legislation are defense lawyers referencing?
The aforementioned legislation, also known as an anti-SLAPP statute, provided shielding against civil lawsuits for a considerable amount of time prior to being modified by the Republican-led Legislature in 2022 to include protection from most criminal charges.
It specifies that parties may file a move to dismiss in a lawsuit involving the lawful exercise of certain rights, such as speech, but they must demonstrate that the action is “substantially motivated” by a “desire to deter, retaliate against, or prevent the lawful exercise of a constitutional right.”. “.
As per a Mayes spokesperson, the anti-SLAPP law was amended in 2022 and hasn’t been utilized in any criminal case since?
As per the prosecution, this case is not covered by the law in Arizona. However, on Wednesday, the judge questioned Klingerman about what he believed to be unlawful actions carried out by the defendants.
Cohen declared, “I’m really concerned about the distinction between speech and acts.”.
The motions for dismissal will be decided by the judge when?
Cohen stated on Tuesday that he would make a decision on each motion independently, possibly at a different time, but he did not specify on Wednesday when he would do so.
Close collaborator of Giuliani during the Trump campaign, former lawyer Jenna Ellis signed a cooperation agreement with prosecutors, which resulted in the dismissal of her charges. Sentenced to probation after entering a guilty plea to a misdemeanor charge, Republican activist Loraine Pellegrino became the first person found guilty in the Arizona case.
The remaining accused parties have entered not guilty pleas. Their trial is set to begin in January. 5, 2026.
Mark Meadows, the former chief of staff for President Trump, is attempting to transfer his charges to a federal court, where his attorneys intend to request the dismissal of the charges.
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