Latest news with #ElectoralCountAct
Politico
7 days ago
- Politics
- Politico
Trump's fake electors from 2020 are still facing charges. The next few months could be crucial.
The case once represented one of the starkest threats to Trump's orbit. Meadows, Eastman, and Giuliani were all indicted. So were Trump aide Boris Epshteyn and former state GOP chairwoman Kelli Ward. But now the case is a mess. Last fall, the presiding judge recused himself after defendants criticized him for sending an internal email urging male colleagues to speak out against sexist attacks on Kamala Harris. His replacement, Sam Myers, ruled last month that the entire case was flawed because grand jurors were never shown the full text of the Electoral Count Act, the 1887 law at the heart of some of the charges. Mayes has appealed the ruling, which put the case on hold pending review by higher courts. That pause is likely to continue into the fall. If Mayes loses, her office would have to assemble a new grand jury to consider reissuing the charges — one that could take a sharply different direction than the last one. Even if Mayes prevails and preserves her case, the earliest it will resume is late 2025. And if it does, a long list of motions by defendants to dismiss the charges, citing a complex array of constitutional principles, awaits. Those could take months to resolve. Among them: Defendant Christina Bobb, a Trump ally now serving as an attorney for the conservative public records group Judicial Watch, has moved for Mayes' disqualification from the case altogether. And Meadows is asking Myers to dismiss the charges against him, saying federal law and the Constitution shield him from the charges. Georgia: Willis fights to save her case This is the only case in which Trump remains a defendant, but it is also the most dysfunctional. Willis, the Atlanta-area district attorney, brought the ambitious racketeering case in August 2023, but it has been mired in two years of controversy and drama. Trump and other defendants claimed that Willis, a Democrat, had a conflict of interest stemming from her romantic relationship with one of her handpicked top prosecutors. In December 2024, an appeals court agreed, ruling that Willis and her entire office must be removed from the case. Willis is appealing that decision at the Georgia Supreme Court. Her appeal has been pending for seven months. A state Supreme Court ruling that upholds Willis' disqualification would trigger a process to transfer the matter to a different district attorney, who could drop the case altogether or revisit her charging decisions. That would mean months, or even years, of further delays.
Yahoo
19-05-2025
- Politics
- Yahoo
Arizona judge sends 2020 Republican electors' case back to grand jury
An Arizona judge on Monday ordered state prosecutors to return their 2020 election subversion case against Republican allies of President Trump to a grand jury, a significant setback for the high-profile case. Maricopa County Superior Court Judge Sam J. Myers agreed with the Republicans who had argued that the Electoral Count Act, a law explaining how to tally presidential electoral votes that is at the heart of their defense, should have been provided to grand jurors. 'A prosecutor has a duty to instruct the grand jury on all the law applicable to the facts ofthe case,' Myers wrote in a terse order. Richie Taylor, a spokesperson for Arizona Attorney General Kris Mayes (D), said in a statement that the state 'vehemently' disagrees with the court's order and plans to appeal. Though remanding the case to a grand jury is not the same as an altogether dismissal, the decision marks a blow to the state's efforts to prosecute Trump's allies for their efforts to keep him in power after he lost the 2020 election. Mayes's office charged ex-White House chief of staff Mark Meadows, former Trump personal attorney Rudy Giuliani, campaign advisor Boris Epshteyn and more than a dozen other defendants. Several of those defendants are the so-called fake electors, who signed a document falsely claiming Trump won the state's 2020 presidential race. After the 2024 election, Mayes said she had 'no intention' of dropping the case and would not be 'intimidated' by Trump's return to the White House. The ruling means Mayes must present the case to a new grand jury along with the Electoral Count Act's text, unless her appeal is successful. The bid to send the case back to a grand jury was mounted by Stephen Binhak, a lawyer for Turning Point Action executive Tyler Bowyer. He said in a statement that they are 'extremely pleased' with the court's ruling. 'We think the judge got it exactly right,' Binhak said. Prosecutors in Georgia, Michigan, Wisconsin and Nevada have also filed criminal charges related to the alternate electors scheme. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
19-05-2025
- Politics
- Yahoo
Arizona prosecutors ordered to send fake elector case back to grand jury
PHOENIX (AP) — Arizona prosecutors pressing the case against Republicans who are accused of trying to overturn the 2020 election results in President Donald Trump's favor were dealt a setback when a judge ordered the case be sent back to a grand jury. Arizona's fake elector case remains alive after Friday's ruling by Maricopa County Superior Court Judge Sam Myers, but it's being sent back to the grand jurors to determine whether there's probable cause that the defendants committed the crimes. The decision, first reported by the Washington Post, centered on the Electoral Count Act, a law that governs the certification of a presidential contest and was part of the defendants' claims they were acting lawfully. While the law was discussed when the case was presented to the grand jury and the panel asked a witness about the law's requirements, prosecutors didn't show the statute's language to the grand jury, Myers wrote. The judge said a prosecutor has a duty to tell grand jurors all the applicable law and concluded the defendants were denied 'a substantial procedural right as guaranteed by Arizona law.' Richie Taylor, a spokesperson for Arizona Attorney General Kris Mayes, a Democrat whose office is pressing the case in court, said in a statement that prosecutors will appeal the decision. 'We vehemently disagree with the court,' Taylor said. Mel McDonald, a former county judge in metro Phoenix and former U.S. Attorney for Arizona, said courts send cases back to grand juries when prosecutors present misleading or incomplete evidence or didn't properly instruct panel members on the law. 'They get granted at times. It's not often,' said McDonald, who isn't involved in the case. In all, 18 Republicans were charged with forgery, fraud and conspiracy. The defendants consist of 11 Republicans who submitted a document falsely claiming Trump won Arizona, two former Trump aides and five lawyers connected to the former president, including Rudy Giuliani. Two defendants have already resolved their cases, while the others have pleaded not guilty to the charges. Trump wasn't charged in Arizona, but the indictment refers to him as an unindicted coconspirator. Most of the defendants in the case also are trying to get a court to dismiss their charges under an Arizona law that bars using baseless legal actions in a bid to silence critics. They argued Mayes tried to use the charges to silence them for their constitutionally protected speech about the 2020 election and actions taken in response to the race's outcome. Prosecutors said the defendants didn't have evidence to back up their retaliation claim and that they crossed the line from protected speech to fraud. Eleven people who had been nominated to be Arizona's Republican electors met in Phoenix on Dec. 14, 2020, to sign a certificate saying they were 'duly elected and qualified' electors and claimed Trump had carried the state in the 2020 election. President Joe Biden won Arizona by 10,457 votes. A one-minute video of the signing ceremony was posted on social media by the Arizona Republican Party at the time. The document later was sent to Congress and the National Archives, where it was ignored. Prosecutors in Michigan, Nevada, Georgia and Wisconsin have also filed criminal charges related to the fake electors scheme.
Hamilton Spectator
19-05-2025
- Politics
- Hamilton Spectator
Arizona prosecutors ordered to send fake elector case back to grand jury
PHOENIX (AP) — Arizona prosecutors pressing the case against Republicans who are accused of trying to overturn the 2020 election results in President Donald Trump's favor were dealt a setback when a judge ordered the case be sent back to a grand jury. Arizona's fake elector case remains alive after Friday's ruling by Maricopa County Superior Court Judge Sam Myers, but it's being sent back to the grand jurors to determine whether there's probable cause that the defendants committed the crimes. The decision, first reported by the Washington Post , centered on the Electoral Count Act, a law that governs the certification of a presidential contest and was part of the defendants' claims they were acting lawfully. While the law was discussed when the case was presented to the grand jury and the panel asked a witness about the law's requirements, prosecutors didn't show the statute's language to the grand jury, Myers wrote. The judge said a prosecutor has a duty to tell grand jurors all the applicable law and concluded the defendants were denied 'a substantial procedural right as guaranteed by Arizona law.' Richie Taylor, a spokesperson for Arizona Attorney General Kris Mayes, a Democrat whose office is pressing the case in court, said in a statement that prosecutors will appeal the decision. 'We vehemently disagree with the court,' Taylor said. Mel McDonald, a former county judge in metro Phoenix and former U.S. Attorney for Arizona, said courts send cases back to grand juries when prosecutors present misleading or incomplete evidence or didn't properly instruct panel members on the law. 'They get granted at times. It's not often,' said McDonald, who isn't involved in the case. In all, 18 Republicans were charged with forgery, fraud and conspiracy. The defendants consist of 11 Republicans who submitted a document falsely claiming Trump won Arizona, two former Trump aides and five lawyers connected to the former president, including Rudy Giuliani . Two defendants have already resolved their cases, while the others have pleaded not guilty to the charges. Trump wasn't charged in Arizona, but the indictment refers to him as an unindicted coconspirator. Most of the defendants in the case also are trying to get a court to dismiss their charges under an Arizona law that bars using baseless legal actions in a bid to silence critics. They argued Mayes tried to use the charges to silence them for their constitutionally protected speech about the 2020 election and actions taken in response to the race's outcome. Prosecutors said the defendants didn't have evidence to back up their retaliation claim and that they crossed the line from protected speech to fraud. Eleven people who had been nominated to be Arizona's Republican electors met in Phoenix on Dec. 14, 2020, to sign a certificate saying they were 'duly elected and qualified' electors and claimed Trump had carried the state in the 2020 election. President Joe Biden won Arizona by 10,457 votes. A one-minute video of the signing ceremony was posted on social media by the Arizona Republican Party at the time. The document later was sent to Congress and the National Archives, where it was ignored. Prosecutors in Michigan , Nevada , Georgia and Wisconsin have also filed criminal charges related to the fake electors scheme.
Winnipeg Free Press
19-05-2025
- Politics
- Winnipeg Free Press
Arizona prosecutors ordered to send fake elector case back to grand jury
PHOENIX (AP) — Arizona prosecutors pressing the case against Republicans who are accused of trying to overturn the 2020 election results in President Donald Trump's favor were dealt a setback when a judge ordered the case be sent back to a grand jury. Arizona's fake elector case remains alive after Friday's ruling by Maricopa County Superior Court Judge Sam Myers, but it's being sent back to the grand jurors to determine whether there's probable cause that the defendants committed the crimes. The decision, first reported by the Washington Post, centered on the Electoral Count Act, a law that governs the certification of a presidential contest and was part of the defendants' claims they were acting lawfully. While the law was discussed when the case was presented to the grand jury and the panel asked a witness about the law's requirements, prosecutors didn't show the statute's language to the grand jury, Myers wrote. The judge said a prosecutor has a duty to tell grand jurors all the applicable law and concluded the defendants were denied 'a substantial procedural right as guaranteed by Arizona law.' Richie Taylor, a spokesperson for Arizona Attorney General Kris Mayes, a Democrat whose office is pressing the case in court, said in a statement that prosecutors will appeal the decision. 'We vehemently disagree with the court,' Taylor said. Mel McDonald, a former county judge in metro Phoenix and former U.S. Attorney for Arizona, said courts send cases back to grand juries when prosecutors present misleading or incomplete evidence or didn't properly instruct panel members on the law. 'They get granted at times. It's not often,' said McDonald, who isn't involved in the case. In all, 18 Republicans were charged with forgery, fraud and conspiracy. The defendants consist of 11 Republicans who submitted a document falsely claiming Trump won Arizona, two former Trump aides and five lawyers connected to the former president, including Rudy Giuliani. Two defendants have already resolved their cases, while the others have pleaded not guilty to the charges. Trump wasn't charged in Arizona, but the indictment refers to him as an unindicted coconspirator. Winnipeg Jets Game Days On Winnipeg Jets game days, hockey writers Mike McIntyre and Ken Wiebe send news, notes and quotes from the morning skate, as well as injury updates and lineup decisions. Arrives a few hours prior to puck drop. Most of the defendants in the case also are trying to get a court to dismiss their charges under an Arizona law that bars using baseless legal actions in a bid to silence critics. They argued Mayes tried to use the charges to silence them for their constitutionally protected speech about the 2020 election and actions taken in response to the race's outcome. Prosecutors said the defendants didn't have evidence to back up their retaliation claim and that they crossed the line from protected speech to fraud. Eleven people who had been nominated to be Arizona's Republican electors met in Phoenix on Dec. 14, 2020, to sign a certificate saying they were 'duly elected and qualified' electors and claimed Trump had carried the state in the 2020 election. President Joe Biden won Arizona by 10,457 votes. A one-minute video of the signing ceremony was posted on social media by the Arizona Republican Party at the time. The document later was sent to Congress and the National Archives, where it was ignored. Prosecutors in Michigan, Nevada, Georgia and Wisconsin have also filed criminal charges related to the fake electors scheme.
