Members of the grand jury in Arizona that indicted 18 allies of Donald Trump earlier this year for their alleged roles in attempting to overturn the 2020 election had also expressed interest in charging the former president, according to a new court filing.
The interest was strong enough that it prompted the state’s lead prosecutor to request that the grand jury not indict the former president and give a PowerPoint presentation to explain his reasoning.
Ultimately, the grand jury did not hand up an indictment against Trump, who had already been charged at the federal level for his efforts to upend Joe Biden’s legitimate 2020 election victory by special counsel Jack Smith and in Georgia by Fulton County District Attorney Fani Willis.
But the court documents provide new details about secret grand jury proceedings that led to charges against 18 others, including Trump’s former attorney Rudy Giuliani and his former White House chief of staff Mark Meadows, as well as insight into the decision to describe Trump in charging documents as “Unindicted co-conspirator 1.” (Giuliani and Meadows have pleaded not guilty.)
Prosecutors cited two primary reasons for why the grand jury should not charge Trump: a lack of evidence and a US Justice Department policy they believe would hamper charges against a former president.
The policy cited by prosecutors deals with DOJ guidelines limiting how the federal government can prosecute individuals already charged with similar crimes at the state level.
The state told grand jurors that indicting Trump would be a “big deal” and that they weren’t sure if they had “all the evidence to prosecute it at this moment,” noting such a feat could take a year or two, the court filing shows.
“I think you should weigh this policy heavily. And that would be – that is why I have not recommended that in the draft indictment, despite clear indications from you all that there’s an interest in pursuing a charge against him,” the prosecutor added, referring to Trump.
“But that – that is – that is my analysis. That’s why you do not see that,” the state prosecutor told the grand jury. “And I know that may be disappointing to some of you. I understand. But it’s – you – I’ve heard you say today, [w]e worked up the other way because of this policy, and that’s where we’re at.”
The grand jury conversation excerpts were included as part of the state’s response to a motion by multiple defendants arguing selective prosecution and claiming anti-SLAPP violations.
While Trump has not been charged in the Arizona election subversion case, the investigation remains ongoing and prosecutors have not closed the door on potentially indicting more people, including the former president, should evidence emerge to support making that decision, sources told.
Georgia remains the only state where prosecutors took the step of charging Trump alongside allies who aided his push to remain in the White House but the sprawling election subversion case there remains paused until an appeals court decides whether Willis should be disqualified.
