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Arizona Judge Considers Dismissal Of Election Fraud Charges

Kris Mayes smiles before a debate on Sept. 28, 2022, in Phoenix. (AP Photo/Ross D. Franklin, File)

A three-day hearing in Phoenix concluded Wednesday, focusing on whether to dismiss charges against Republicans accused of plotting to overturn the 2020 presidential election results in Arizona. The case involves at least a dozen of 18 indicted individuals, including former Trump aides, lawyers connected to Trump, and Rudy Giuliani.

The indictment alleges that Giuliani pressured officials to change election results, spread false claims of fraud, and encouraged electors to vote for Trump. Prosecutors argue that the case is not politically motivated, emphasizing the enforcement of laws against fraud and conspiracy.

Defense attorneys base their case on a free speech argument, citing an Arizona anti-SLAPP statute that protects individuals from legal actions aimed at silencing constitutionally protected speech. The statute was amended in 2022 to cover criminal charges, but prosecutors argue it does not apply in this case.

Judge Bruce Cohen is considering the dismissal requests and will rule separately on each motion. Former Trump campaign attorney Jenna Ellis reached a cooperation agreement, leading to the dismissal of her charges. Republican activist Loraine Pellegrino pleaded guilty to a misdemeanor charge, while other defendants have pleaded not guilty.

The trial for the remaining defendants is set to begin on January 5, 2026. Former Trump chief of staff Mark Meadows is seeking to move his charges to federal court for potential dismissal.

As the judge deliberates on the dismissal motions, the case continues to draw attention for its implications on election integrity and free speech rights.

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