PHOENIX (AP) — A three-day hearing on whether to dismiss charges against Republicans accused of plotting to overturn the results of Arizona’s close 2020 presidential election ended Wednesday with a finding that their case was not politically motivated after the defendants argued their alleged conduct was constitutionally protected free speech.
What is the case about?
Maricopa County Superior Court Judge Bruce Cohen is considering motions to dismiss charges of fraud, conspiracy and forgery filed by at least a dozen of the 18 people indicted in April. Defendants in the case include 11 people who filed a document falsely claiming Donald Trump defeated Joe Biden in Arizona, two former Trump associates and five Trump-affiliated lawyers, including Rudy Giuliani.
No charges were brought against Trump, but he was 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 electors in the state to vote for Trump in mid-December 2020. The indictment alleges that Giuliani spread false claims about voter fraud in Arizona and presided over a rally in downtown Phoenix where he claims officials made no effort to verify the accuracy of the presidential election results.
Prosecutors insist the case is not politically motivated
Prosecutor Nicholas Klingerman told the judge Wednesday that the indictment was brought by an Arizona grand jury and that the prosecution was not driven by hostility toward Republicans.
“This prosecution is nothing more than enforcing the law against those accused of committing fraud, forgery and conspiracy to change the outcome of a lawful election because they were unhappy with the result,” Klingerman said. “And like all criminal prosecutions, it is about punishing past conduct, educating the public and preventing future attempts to do the same.”
“The fact is that the state asked the grand jury not to indict more Republicans than the grand jury actually indicted,” Klingerman added. “The state asked the grand jury not to indict Donald Trump.”
In a statement issued after the hearing, Arizona Attorney General Kris Mayes, a Democrat, called the defendants’ motions an attempt to “distract from the facts of this case and confuse the public.”
“Let me be clear: The charges in this case were not politically motivated,” Mayes said.
Defenders base their argument on the argument of freedom of expression
Defense attorneys argued that Mayes used the indictment to silence her clients’ constitutionally protected statements about the 2020 election and the actions taken in response to its outcome.
On Wednesday, they cited an Arizona law that prohibits baseless lawsuits to silence critics. They also said Mayes’ campaign focused on investigating fraudulent electors and was biased against Trump and his supporters.
Which law do the defense attorneys rely on?
The law in question, commonly referred to as the anti-SLAPP law, long provided protection from civil lawsuits before the Republican-led legislature amended it in 2022 to cover most people facing criminal charges.
It states that in court cases involving the lawful exercise of certain rights, such as the right to free speech, individuals may file a motion to dismiss the case and must show that the action is “substantially motivated by a desire to prevent, retaliate, or obstruct the lawful exercise of a constitutional right.”
According to a spokesperson for Mayes, the anti-SLAPP law has not been used in a criminal case since it was amended in 2022.
Prosecutors argue that Arizona law does not apply to this case, but the judge pressed Klingerman on Wednesday about what he believes are illegal acts the defendants allegedly committed.
“The difference between talk and action really worries me,” Cohen said.
When will the judge rule on the motions to dismiss?
Cohen said Tuesday he would decide on each request individually – possibly at different times – but did not say Wednesday when he would announce the decisions.
Former Trump campaign lawyer Jenna Ellis, who worked closely with Giuliani, signed a cooperation agreement with prosecutors that led to the dismissal of charges against her. Republican activist Loraine Pellegrino was the first person to be sentenced in the Arizona case when she pleaded guilty to a misdemeanor and was sentenced to probation.
The remaining defendants have pleaded not guilty. Their trial is scheduled to begin on January 5, 2026.
The president’s former chief of staff, Mark Meadows, is trying to take the charges to federal court, where his lawyers say they will ask for the case to be dismissed.
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Associated Press writer Gabriel Sandoval in Phoenix contributed to this report.
