Information 4 Tucson KVOA-TV/Youtube
The Arizona alternate Trump electors case introduced by Democrat Legal professional Common Kris Mayes began to crumble final yr after a decide allowed the defendants to argue the costs are politically motivated.
Throughout a listening to final yr, Maricopa County Superior Court docket Decide Bruce Cohen stated he was open to listening to the defendants’ arguments to have the indictment thrown out underneath Arizona’s anti-SLAPP regulation, which was just lately expanded by the legislature to cowl vindictive politically motivated costs.
On Monday, Maricopa County Decide Sam Myers stated the defendants efficiently argued that the costs in opposition to them seem to have violated the state’s anti-SLAPP statute.
“Myers stated that Arizona Democratic Legal professional Common Kris Mayes’ declaration when asserting the indictment that “this could by no means occur once more” could be construed as assigning political motivation to the prosecution,” Courthouse Information reported.
Arizona prosecutors have 45 days to reply to the decide’s discovering and show the costs had been to implement the regulation and never violate the First Modification rights of the defendants.
Trump 2020 election lawyer John Eastman responded to the decide’s discovering: Main ruling within the Arizona electors case this a.m. The brand new decide simply dominated that I met the prima facie case required to dismiss underneath the anti-SLAPP statute — that’s, 1st Amend. rights implicated, & substantial evid. that the prosecution was to retaliate or deter these rights.
Main ruling within the Arizona electors case this a.m. The brand new decide simply dominated that I met the prima facie case required to dismiss underneath the anti-SLAPP statute — that’s, 1st Amend. rights implicated, & substantial evid. that the prosecution was to retaliate or deter these rights.
— John Eastman (@DrJohnEastman) February 10, 2025
“Simply to make clear. The AG now has to show that she wasn’t motivated by need to retaliate or deter 1A rights. Their transient is due March 25. The decide additionally rejected the AG’s declare that the anti-SLAPP statute is unconstitutional,” John Eastman stated.
Simply to make clear. The AG now has to show that she wasn’t motivated by need to retaliate or deter 1A rights. Their transient is due March 25. The decide additionally rejected the AG’s declare that the anti-SLAPP statute is unconstitutional.
— John Eastman (@DrJohnEastman) February 10, 2025
By way of Courthouse Information:
Defendants in Arizona’s “pretend elector” case are nearer to profitable motions to dismiss fraud and conspiracy costs stemming from an obvious try to overturn the outcomes of the 2020 presidential election, having proven that the costs introduced in opposition to them appear supposed to stifle First Modification speech, a decide stated Monday morning.
Maricopa County Decide Sam Myers stated the 16 defendants demonstrated of their briefings that the costs within the April 2024 indictment seem on their face to assault what’s “not less than partially some arguably lawful speech,” violating Arizona’s anti-SLAPP regulation, which prevents authorized motion in search of to suppress free speech.
Myers stated that Arizona Democratic Legal professional Common Kris Mayes’ declaration when asserting the indictment that “this could by no means occur once more” could 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 had been indicted by a state grand jury in Arizona.
A complete of 18 individuals concerned within the Arizona alternate electors plan had been indicted by the Arizona grand jury final yr.
Trump attorneys Christina Bobb, Jenna Ellis, Rudy Giuliani and John Eastman had been all charged with felonies.
President Trump was named “Unindicted Coconspirator-1” within the indictment as a result of he made a telephone name in regards to the poll counting to former governor Doug Ducey.
Arizona’s Democrat Legal professional Common Kris Mayes defended her witch hunt and the curious timing of the indictment – simply months earlier than the 2024 basic election. Make no mistake, the costs had been a warning shot to anybody who could have wished to problem the 2024 election.
“We carried out an intensive {and professional} investigation over the previous 13 months into the pretend electors scheme in our state,” Arizona’s Democrat Legal professional Common Kris Mayes stated in a video asserting the costs. “I perceive for a few of you as we speak didn’t come quick sufficient. And I do know I’ll be criticized by others for conducting this investigation in any respect. However as I’ve said earlier than, and we’ll say right here once more, as we speak, I can’t enable American democracy to be undermined.”
All 9 felony costs in opposition to former Trump lawyer Jenna Ellis, together with fraud, forgery, and conspiracy, had been beforehand dropped in a plea deal.
