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A recent three-day hearing concluded in the Maricopa County Superior Court in Arizona, where at least a dozen of 18 people indicted in April are seeking to dismiss charges related to their alleged involvement in trying to overturn the 2020 presidential election results. The case involves fraud, conspiracy and forgery charges against individuals, including former Trump aides, lawyers connected to Trump, and Giuliani himself, who is referred to as an unindicted co-conspirator. Prosecutors maintain that the case is not politically motivated and is aimed at enforcing the law against those who allegedly committed fraudulent actions in an attempt to change the outcome of the election.
Defense attorneys argue that the charges are an attempt to silence constitutionally protected free speech about the election. They base their argument on an anti-SLAPP statute, which protects individuals from legal action motivated by a desire to deter or prevent the lawful exercise of constitutional rights. The law has been amended to cover criminal charges as well. The judge in the case is expected to rule separately on each motion to dismiss, but has not specified a timeline for the decision.
Former Trump campaign attorney Jenna Ellis reached a cooperation agreement with prosecutors, leading to the dismissal of her charges, while Republican activist Loraine Pellegrino pleaded guilty to a misdemeanor charge. The remaining defendants have pleaded not guilty, and the trial is scheduled to begin in January 2026. Former Trump presidential chief of staff Mark Meadows is seeking to move his charges to federal court for dismissal.
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