Arizona Attorney General Kris Mayes faced a setback in court during the prosecution of the Republican defendants known as the “fake electors” from the 2020 presidential campaign. A new Arizona law now requires Mayes to prove that the prosecution was not politically motivated. Maricopa County Superior Court Judge Sam Myers ruled that the defendants had demonstrated prima facie proof that the charges filed were intended to deter or retaliate against political speech, in violation of the state’s “anti-SLAPP law.”
The defendants, including figures like Rudy Giuliani and former White House Chief of Staff Mark Meadows, were charged with participating in a conspiracy to overturn Donald Trump’s defeat in Arizona’s 2020 presidential vote. Mayes plans to appeal the ruling, arguing that filing forged slates of electors to deprive Arizona voters of their right to vote is not protected as free speech.
This ruling marks uncharted territory in Arizona’s legal system and could significantly impact the outcome of the case for the defendants. While the case is not over, the defendants now have an advantage, as the burden is on the government to prove that the case was not brought for political reasons.
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