By Staff Reporter |
The Maricopa County Superior Court ruled that Attorney General Kris Mayes must redo her entire case against the 2020 Trump electors.
In a ruling issued on Monday in Arizona v. Bowyer, Maricopa County Superior Court Judge Sam Myers sided with the electors’ argument that Mayes failed to instruct the grand jury as to the applicable provisions of the Electoral Count Act of 1887, or “ECA.” Myers remanded the case back to the grand jury — meaning Mayes must start over if she still hopes to prosecute Trump’s allies in Arizona.
Myers didn’t buy Mayes’ justification for not providing the full ECA to jurors; the attorney general argued the provision of “relevant portions” of the ECA via several Kenneth Chesebro memorandums and an interview, a letter from State Sen. Jake Hoffman’s counsel, and a CNN article were sufficient.
Myers ruled Mayes had failed to provide due process to the electors by not providing “the actual text and provisions” of the ECA.
“A prosecutor has a duty to instruct the grand jury on all the law applicable to the facts of the case,” stated Myers. “Due process compels the prosecutor to make a fair and impartial presentation to the grand jury. … Because the State failed to provide the ECA to the grand jury, the Court finds that the defendants were denied a substantial procedural right as guaranteed by Arizona law.”
Mayes indicted 11 electors for President Donald Trump’s unsuccessful 2020 run: Tyler Bowyer, COO of Turning Point USA (TPUSA) arm Turning Point Action; Nancy Cottle, former electors chair and Arizona Federation of Republican Women leader; Sen. Jake Hoffman; former State Sen. Anthony Kern; Jim Lamon, 2022 Senate candidate; Robert Montgomery, former Cochise County GOP Committee chair; Samuel Moorhead, former Gila County GOP leader; Loraine Pellegrino, former electors secretary and president of Ahwatukee Republican Women; Greg Safsten, former Arizona GOP executive director; and Kelli Ward, former Arizona GOP chair, and her husband, Michael Ward.
The electors faced felony charges of conspiracy, fraud, and forgery.
These defendants argued the ECA protected their role as electors for Trump in 2020, saying the law allowed for competing electors in disputed elections.
Hoffman called the case against him and fellow electors “a witch hunt” and “a cheap political campaign promise” by Mayes.
“As I’ve said from day one, the truth is on my side, justice will prevail, and I will be vindicated,” said Hoffman. “In the meantime, Kristin will keep showing the public what a total joke she is.”
TPUSA founder and CEO, Charlie Kirk, called the ruling a “major embarrassment” for Mayes.
“It has been political from the very start and never should have happened, and we need to make sure all similar such charges are dropped against all Trump supporters, in all swing states,” said Kirk.
Mayes spokesman Richie Taylor said their office would file an appeal.
“We vehemently disagree with the court and we will file a special action to appeal the ruling,” said Taylor.
AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.
