By Staff Reporter |
The Arizona Court of Appeals judge in the “alternate electors” case donated to Attorney General Mayes when she was campaigning on prosecuting President Donald Trump’s 2020 electors.
On Wednesday, the day after Attorney General Kris Mayes asked the court to reject the lower court’s ruling, the appeals court held oral arguments in the alternate electors case.
The appeals court judge on the case, Andrew Jacobs, was appointed by Governor Katie Hobbs in February 2023. Jacobs donated $500 to Mayes’ campaign for the office in 2022. At the time, Jacobs was an attorney with Snell and Wilmer.
Several days after Mayes promised publicly to investigate the 2020 electors, Jacobs submitted his first donation to her campaign.
“I would have immediately investigated the alternate electors as Attorney General,” said Mayes. “Arizona needs a #LawyerForthePeople.”
Jacobs submitted his second donation to Mayes’ campaign the day after an Arizona Republic article emerged highlighting the differences between her and then-opponent (now congressman) Abe Hamadeh.
A source that observed the emergency hearing described Jacobs as “hostile” to the electors. During oral arguments, the conflict of interest was raised, however, Jacbos still voted on an issue in the case, the decision to grant a stay.
Last month, Maricopa County Judge Sam Myers ruled the 2020 electors, 16 in total, provided sufficient evidence that Mayes’ case against them may be dismissable for violating Arizona’s Anti-SLAPP law.
Anti-SLAPP, or “strategic lawsuits against public participation,” imposes civil liability against any state actor that brings or maintains a legal action substantially motivated by a desire to deter, retaliation against, or prevent free speech and association.
Myers said the 2020 electors demonstrated their actions to comprise “at least in part some arguably lawful speech.” Myers cited Mayes’ remarks announcing the indictments as potential proof of a political motivation behind her prosecution.
Mayes disagreed with the ruling. The attorney general said the 2020 creation of an alternate elector slate didn’t constitute free speech and shouldn’t be afforded constitutional protections.
“It is not the lawful exercise of free speech to file forged slates of electors to deprive Arizona voters of their right to vote,” said Mayes.
In order to counter Myers’ ruling, Mayes had to prove in a brief due earlier this week that she wasn’t motivated by a desire to retaliate or deter the 2020 electors’ free speech rights.
The outcome of that motion to dismiss the case remains pending.
Myers did deny motions to dismiss Mayes’ case last week, however. The motions claimed Mayes lacked authority to bring the case to court and failed to allege crimes committed.
Last November, the first judge on the case, Bruce Cohen, recused himself after emails emerged in which he ordered his fellow judges to come to the defense of then-presidential candidate Kamala Harris.
The defendants in the case include former AZGOP Chair Dr. Kelli Ward, Dr. Michael Ward, former executive director of the AZGOP Greg Safsten, former Arizona State Senator Anthony Kern, former Senate Candidate Jim Lamon, former Cochise County Republican Committee chair Robert Montgomery, former Cochise County Republican Committee chair Samuel Moorhead, Arizona State Senator Jake Hoffman, Turning Point USA COO Tyler Bowyer, and attorneys John Eastman, Rudy Giuliani, Christina Bobb, as well as President Trump’s Chief of Staff Mark Meadows, Campaign Aide Boris Epshteyn, and director of Election Day operations Mike Roman.
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