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Should Arizona's fraudulent electoral college case be dismissed? Hearing scheduled for Monday

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The paperwork-laden and complex criminal case against individuals accused of undermining President Joe Biden's 2020 election victory in Arizona was scheduled to move a step further on Monday with a court hearing to consider several outstanding arguments.

Maricopa County Superior Court Judge Bruce Cohen called the hearing to set the timeline for the case. Prosecutors and defense attorneys have said the trial, currently scheduled for October, will be postponed and Monday's hearing will determine in part how quickly the case moves forward.

Given the 16 defendants and hundreds of pages of motions to dismiss the charges against them, the trial is unlikely to proceed quickly.

Attorneys and all defendants in this high-profile case must be present at the hearing, but some will appear virtually.

Here are some of the key points that could be addressed, according to an earlier order from Cohen and a summary from prosecutors on Monday:

  • Cohen will hear oral arguments on motions to dismiss the charges based on an Arizona state law enacted to prevent lawsuits brought in retaliation. Several defendants have sought to dismiss the case based on the law known as the anti-SLAPP law. SLAPP stands for “strategic action against public participation.” Arguments will focus on whether the defendants have shown that the state was “substantially motivated by a desire to deter, retaliate, or prevent the lawful exercise of a constitutional right.” Depending on how the court rules on that issue, another hearing on the motions to dismiss may be necessary.
  • The office of Arizona Attorney General Kris Mayes has filed a motion asking the court to issue a temporary restraining order on the grand jury transcript and evidence. The state wants to prevent defense attorneys, who have a right to inspect grand jury records, from sharing that information.
  • Three defendants – Jim Lamon, Rudy Giuliani and John Eastman – are seeking to dismiss the case based on other legal theories. They say the charges are legally inadequate and argue that their actions are protected by the U.S. and Arizona constitutions.

In April, a state grand jury issued nine-count indictments against 11 Arizona Republicans who claimed they were legitimately elected electors for Donald Trump, as well as seven Trump allies, accusing them of encouraging Arizonans to give Congress the opportunity to prevent Biden's victory.

Since the charges were announced, the cases of two defendants have been settled.

Jenna Ellis agreed to testify against the other defendants if the charges against them were dropped. Ellis was Trump's lawyer and urged the Arizona legislature to change the election results.

Loraine Pellegrino, one of the Arizona residents who signed the false certificate of Trump's election victory, pleaded guilty to a lesser charge earlier this month and was sentenced to three years of unsupervised probation.

The other defendants are:

  • Tyler Bowyer, Executive at Turning Point USA and member of the Republican National Committee
  • Nancy Cottle, chairwoman of the Trump electors in Arizona
  • State Sen. Jake Hoffman, R-Queen Creek
  • State Senator Anthony Kern, R-Glendale
  • Jim Lamon, former US Senate candidate
  • Robert Montgomery, former chairman of the Cochise County Republican Committee
  • Samuel Moorhead, former chairman of the Gila County Republican Party
  • Greg Safsten, former executive director of the Arizona Republican Party
  • Kelli Ward, former chairwoman of the Arizona Republican Party
  • Michael Ward, Kelli Ward's husband and GOP activist
  • Christina Bobb, Trump campaign lawyer
  • John Eastman, Trump's lawyer who was involved in the plan to change the election results in six contested states
  • Boris Epshteyn, lawyer and advisor to the Trump campaign in 2016 and 2020
  • Rudy Giuliani, Trump's lawyer and former mayor of New York City
  • Mark Meadows, Trump's Chief of Staff in 2020
  • Michael Roman, director of “Election Day Operations” for Trump’s campaign, according to the indictment

Stacey Barchenger is a political reporter at The Republic. You can reach her at [email protected].

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