PHOENIX — Arizona’s effort to prosecute Republicans accused of trying to overturn the 2020 presidential election took a hit Friday when a judge ruled the case must return to a grand jury.
Maricopa County Superior Court Judge Sam Myers ordered prosecutors to re-present the case after determining that grand jurors weren’t properly instructed on the Electoral Count Act — a federal law central to the case. While the law was discussed and a witness was asked about it during the original presentation, the jury never saw the actual text of the statute.
Judge Myers said the omission denied the defendants “a substantial procedural right as guaranteed by Arizona law.”
Arizona Attorney General Kris Mayes’ office said it plans to appeal. “We vehemently disagree with the court,” said Richie Taylor, a spokesperson for the AG.
Former judge and U.S. Attorney Mel McDonald, who isn’t involved in the case, noted that such rulings are rare but do happen when key legal information is withheld from grand jurors.
The case involves 18 defendants, including 11 Republicans who signed a false certificate claiming Donald Trump had won Arizona in 2020. The group also includes two former Trump aides and five lawyers connected to the former president, among them Rudy Giuliani. Trump himself was not charged but is referred to as an unindicted co-conspirator in the indictment.
Two defendants have resolved their cases; the rest have pleaded not guilty.
Defense attorneys are also seeking dismissal under an Arizona law prohibiting lawsuits aimed at suppressing free speech, arguing the charges target their political views. Prosecutors countered that the charges stem from fraudulent conduct, not protected expression.
The alleged fake electors met in Phoenix on Dec. 14, 2020, and signed a document claiming they were the state’s rightful electors for Trump, despite Joe Biden winning Arizona by over 10,000 votes. The document was sent to Congress and the National Archives but ultimately ignored.
Other states — including Michigan, Nevada, Georgia, and Wisconsin — have also filed charges connected to similar fake elector efforts.
