The decision of whether the Arizona “fake electors” case will proceed to trial in 2026 relies on Judge Bruce Cohen, with arguments from both sides taking place over three days. Defendants, including prominent figures like Rudy Giuliani and Mark Meadows, claim they were exercising their First Amendment rights when signing documents claiming to be Electoral College electors in 2020. Prosecutors argue that the defendants engaged in fraud, forgeries, and conspiracy, which are not protected speech. Two defendants have already struck plea deals, while others are seeking dismissal under Arizona’s anti-SLAPP law, expanded in 2022 to protect against abusive litigation. Attorney General Kris Mayes denies that the case is politically motivated, emphasizing thorough investigation as the basis for the indictments. Despite arguments from the defense that the case is politically motivated, the prosecutor asserts that it is legitimate, backed by an independent grand jury indictment. The case has seen virtual attendance due to the high number of defendants and lawyers involved, leading to amusing interruptions during the proceedings. The judge has given the defendants until Sept. 6 to respond to the prosecution’s argument. The outcome of the case could have implications for future prosecution efforts if Mayes is not re-elected as Attorney General after her term ends in 2027.
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