Nobody likes a bully, and yet some people relish playing such a role. Here in Arizona, perhaps no person has taken on that persona quite like Kris Mayes. When she began her political career with the Arizona Corporation Commission, Mayes quickly gained a reputation for bullying other people around, but since becoming Arizona’s Attorney General (AG) in January 2023, she has taken it to a whole other level.
Within months of occupying the AG office, Mayes began using her post to target and investigate the very people and entities she is constitutionally obligated to defend. First in her crosshairs was the Arizona Department of Water Resources (ADWR), a state agency she is legally obligated to represent and provide legal advice to. But because she wants to score political points with her radical environmental allies, she decided to threaten legal action against ADWR unless they provide her with documentation showing that the agency is in compliance with its water management responsibilities.
Mayes then turned around a few weeks later and went after the Empowerment Scholarship Account (ESA) program at the Department of Education. In a public tirade, she falsely claimed that the budget agreement that protected universal school choice would bankrupt the state, despite the expenditure data showing that the ESA program actually saves the state money. When that didn’t stop the Republican budget bill from being signed by Governor Hobbs, Mayes doubled down on her ESA assault by threatening legal action against her own client, the Arizona Department of Education, over the program.
And now that she has had more time to get comfortable in office, Mayes is discovering new and creative ways to abuse her power, including collusion and the usage of dirty tactics to target political opponents…
Even with an ever-widening political divide yielding highly disparate views of Attorney General Kris Mayes, most may agree that she has kept to her campaign promises, especially with the indictment of those Republicans who challenged the 2020 and 2022 election results.
Securing back-to-back indictments for two highly contentious elections in what amounts to just over her first year in office didn’t come cleanly. Mayes had to break some eggs in the process.
Late last year, the State Bar began an ongoing investigation into Cochise County Attorney Brian McIntyre over allegations that he colluded with Mayes and Secretary of State Adrian Fontes against his own county supervisors, a blatant violation of attorney-client privilege.
McIntyre’s alleged collusion was outlined in a letter that surfaced recently amid that investigation, as reported by The Arizona Daily Independent.
In that letter, McIntyre had requested Mayes to retract the opinion set by her predecessor, Mark Brnovich, on expanded hand counts, a request made while his clients were actively appealing for their ability to conduct those hand counts. Mayes did just that.
The same month that the State Bar began to investigate McIntyre, Mayes secured indictments against Cochise County Supervisors Peggy Judd and Tom Crosby for delaying certification of the 2022 election results. The pair were hit with felony-level election interference and conspiracy charges.
Maricopa County Superior Court Judge Geoffrey Fish heard oral arguments in their case last month. Counsel for Crosby argued in court that Mayes was a “rogue prosecutor” leading a “rogue prosecution” attempting to read motives into Judd and Crosby’s actions amid the 2022 election.
Assistant Attorney General Todd Lawson told the judge that Judd and Crosby were in on “an overall conspiracy, a larger plan” aimed at chaos with the ultimate goal to “obstruct the election.” Lawson disputed that Judd and Crosby, much less any other county supervisor, had the right to do any more to review election results than simply pass along the vote tallies to the secretary of state.
That sentiment drove, in part, the indictments against President Donald Trump’s 2020 electors and their conspirators. 18 were hit with felony charges of conspiracy, fraud, and forgery last month: Kelli and Michael Ward, Tyler Bowyer, Nancy Cottle, State Senators Jake Hoffman and Anthony Kern, Jim Lamon, Robert Montgomery, Samuel Moorhead, Lorraine Pellegrino, Gregory Safsten, Christina Bobb, John Eastman, Jenna Ellis, Boris Epshteyn, Rudy Giuliani, Mark Meadows, and Mike Roman.
According to a new report from Politico featuring anonymous tipsters, these indictments were unprecedented and even rang of the “rogue” characterization.
Some of those indicted were promised repeatedly by prosecutors that they were not the subject of investigation, least of all charges: Bobb and Ellis among them. And yet, the grand jury indicted both.
A grand jury will only indict those who are presented by prosecutors as potential defendants. Nonetheless, Mayes’ office told Politico that responsibility lay with the jury for the indictments.
“The State Grand Jury was given leeway to conduct an independent investigation, as it is entitled to do by law,” said Mayes’ spokesperson, Richie Taylor. “I cannot confirm or deny the specifics of grand jury proceedings, and I will note that the investigation remains open and ongoing. I will have to decline to comment further.”
Multiple high-level prosecutors concurred to Politico that the indictments were “unusual” and “bad form.” They questioned the claims by prosecutors that they were unaware of plans to bring up Bobb and Ellis to the grand jury.
The merit of the prosecutors’ claims earned further scrutiny after they ordered witnesses pleading the Fifth to appear before the grand jury at the jurors’ request. The prosecutors could’ve excused those witnesses, as is customary and even recommended by the Justice Department; instead, they forced them to face questioning and risk the possibility of appearing guilty by remaining silent.
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Rep. Raúl Grijalva (D-AZ-07) skipped out on a subcommittee field hearing addressing the border crisis in his district last Thursday, though the meeting occurred in his district and he serves as a ranking member in the parent committee. Rep. Juan Ciscomani (R-AZ-06) was in attendance, though he doesn’t sit on the subcommittee.
The House Natural Resources Subcommittee on Federal Lands held the hearing in Sierra Vista.
Grijalva dismissed the hearing as nothing more than an excuse to “bash the border and scapegoat immigrants,” and claimed that last week’s failed $118 billion bill setting aside 16 percent of funds for the border would have solved the border crisis. Senate Republicans blocked the bill, largely due to a majority of its funding going to Ukraine and other foreign aid initiatives.
REMINDER: A mere 24 hours ago, Republicans killed any chance for a bipartisan border solution.
But today, they're holding a GOP-only hearing in Sierra Vista, AZ to bash the border and scapegoat immigrants.
Comparatively, Ciscomani said during his opening remarks in last Thursday’s hearing that those who had true concern for the border crisis were the ones who showed up. The subcommittee heard testimony from representatives of impacted community members and leaders.
Ciscomani blamed the crisis on the Biden administration’s “lack of desire” to enforce immigration laws. Ciscomani said that the neglect has resulted in the southern border coming under the control of foreign enemies.
“[T]hey have more control over the area than anyone else,” said Ciscomani.
Art Del Cueto with the National Border Patrol Council affirmed Ciscomani’s assessment, noting specifically that it is the drug cartels who have control.
Ciscomani added that the border crisis numbers have only gone up: in this fiscal year, 2024, illegal immigrant encounters there in the Tucson sector have increased over 140 percent. Since President Joe Biden took office, there have been over 6.2 million illegal immigrants apprehended along the southern border; Arizona’s population is at around 7 million. The congressman said that the unrelenting torrent of illegal migration has had a negative impact on border agents’ morale.
Other data that was shared included that over 35,000 of last year’s illegal immigrant apprehensions had prior criminal convictions or outstanding warrants for arrest, of which 170 were on the terrorist watch list. Gotaways amounted to about 1.7 million: those are the illegal immigrants observed entering the country but not apprehended.
Further testimony shed light on the illicit drug trade aspect of the border crisis. 99 percent of illegal narcotics make it through the border without seizure. A vast majority of the fentanyl in the country comes through the southern border, with about 51 percent of all seizures occurring in Arizona. About 70,000 Americans die from fentanyl overdoses every year and now the leading cause of death for Americans aged 18 to 45.
Sierra Vista Mayor Clea McCaa testified his town has been plagued by “extremely dangerous situations,” including constant cases of “low car drivers,” mainly teenagers, speeding and crashing at over 90 miles an hour in residential and school zones to evade police, which have resulted in at least one fatality. “Low car drivers” are individuals recruited by Mexican cartels, usually over social media, to traffic illegal immigrants, called “lows,” over the border.
“[F]or the past three years, the trend of young people being recruited as so-called ‘low car drivers’ does pose a real threat to our residents and visitors, which fuels the narratives about the violence near the border,” said McCaa.
McCaa supported a proposal to require social media companies to monitor for illegal solicitations of migrant trafficking.
Additionally, McCaa reported that the Cochise County Attorney’s Office has undergone a marked increase in felony case submissions: from over 300 in 2020 to nearly 600 in 2022, and over 500 last year.
Sierra Vista is about 20 miles from the border and has a population of just over 40,000.
Cochise County Sheriff Mark Dannels testified that bookings in his jail on border-related state crimes in 2022 and 2023 amounted to nearly 3,000 for murder, nearly 600 for smuggling, over 400 for high-risk pursuits. The bookings came at a cost of about $9.4 million: a cost borne by the locals.
“We get zero money from the federal government,” said Dannels.
Arizona Farm Bureau’s first vice president, John Boelts, said that the Biden administration has failed to protect the farmers and ranchers near the border. Boelts noted that illegal immigrant trespassers were trashing, defecating and urinating, and trampling their produce.
Boelts said that he and his fellow farmers have paid up to nearly a million dollars mitigating the damage done by the illegal immigrants. He said that the immigrants who work on the farms have been upset by the illegal migration, since they spent years and tens of thousands of dollars to migrate here legally.
“The worst part about it is, most of the folks that I mentioned in my testimony, that legally work in agricultural fields in my community, the first and second generation immigrants ask them what they think about what’s going on today – they’re appalled,” said Boelts. “They worked hard to become a part of this country, a legal part of this country.”
Jim Chilton, an elderly rancher out of Aravaca whose family has operated a ranch for nearly 140 years, provided a sampling of the 10 years worth of video evidence of illegal immigrants crossing his land, specifically 14 miles of border territory. Chilton testified that all crossers he’s witnessed have been adult males wearing uniforms of camouflage, carpet shoes, and identical plain backpacks. Chilton said that there have never been any women or children captured on his cameras over the past decade.
“Not knowing who’s crossing is a national security matter,” said Chilton. “We’ve got to secure the border at the border.”
Chilton said the crossers increased fivefold under the Biden administration compared with the Obama and Trump administrations. He said he hasn’t witnessed any border patrol agents patrolling the known border entrance trails near him in the past four months.
Chilton reported that he personally spends at least $60,000 a year now to mitigate the damage by illegal immigrants. He also expressed concern that his cowboys and family were at risk of violence from illegal immigrants evading law enforcement.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
State Rep. Alex Kolodin (R-LD03) and Allyson Miller, former Pima County supervisor, filed a bar complaint against the Cochise County attorney, Brian McIntyre, on Monday.
Kolodin and Miller accused McIntyre of violating Rule 1.6, attorney-client privilege, for revealing privileged advice given to the Cochise County Board of Supervisors in connection with handling the 2022 election results.
The board considered a post-election hand count audit last year; during a public meeting, McIntyre revealed that he’d advised the board against the audit. Kolodin and Miller said the revelation amounted to a violation of attorney-client privilege.
Following the lawsuit against the supervisors — his clients — over the audit, McIntyre also sent a letter to their counsel disclosing a list of laws he believed the supervisors potentially violated. Kolodin and Miller asserted that McIntyre’s letter was unnecessary, crafted in a way to provide legal analysis, and used by the media to the detriment of the supervisors.
For these actions, the pair also accused McIntyre of violating Rules 1.1, requiring competent representation of a client; 1.7, 1.8, and 1.9, prohibiting conflict of interest; and 3.8(f), requiring behavior to promote public confidence in the integrity and impartiality of the legal system.
“It is time for equal justice under law,” posted Kolodin on X.
This AM @SupervisorAlly and I filed an election-related bar complaint against Cochise Co. Atty Brian McIntyre for apparent violations of the atty/client privilege – his most sacred duty. It is time for equal justice under law. pic.twitter.com/2iPjSVonaO
The complaint comes shortly after the bar put Kolodin on 18 months of probation for representing those challenging the 2020 election results. The State Grand Jury indicted Cochise County Supervisors Peggy Judd and Tom Crosby last month over the 2022 audit controversy, which resulted in a delay of the statewide canvass.
Kolodin says he filed the complaint in order to ensure the equal application of ethical standards, regardless of political alignment.
In a statement to AZ Free News, Kolodin said that McIntyre’s actions were deserving of scrutiny and, if applicable, discipline.
“Equal justice under law is a foundational legal principle,” said Kolodin. “Regardless of the policy preferences we advocate for, the law must be fairly and neutrally applied.”
Miller told AZ Free News that McIntyre should’ve done better to protect the supervisors by handling privileged legal information through an executive session. Miller opined that McIntyre abandoned the supervisors.
“He doesn’t have a right to be a judge,” said Miller.
The former supervisor also asserted that Judd and Crosby abided by the statutory deadline on canvassing, since they certified on Dec. 1 and state law imposes a deadline of the fourth Monday following the general election — or, Dec. 5 — for certification. The statute also allows for the canvass to be postponed “from day to day” for up to 30 days from Election Day until all counties submit their canvasses.
“If the official canvass of any county has not been received on the fourth Monday following the general election, the canvass shall be postponed from day to day, not to exceed thirty days from the date of the election, until canvasses from all counties are received,” reads A.R.S. 16-648(c).
Miller said she felt every official in the state should sign onto their complaint, surmising that McIntyre’s actions set a dangerous precedent for counsel to undermine officials based on political reasons.
“You have a right to be represented in the discharge of your duty,” said Miller.
Kolodin and Miller’s bar complaint prompted a flurry of online commentary from Rep. Paul Gosar (R-AZ-09), who applauded the bar complaint against McIntyre. Gosar pointed out that no Democrat-aligned lawyers were sanctioned under 2000 or 2016 election challenges.
The unfounded attacks on @KariLake lawyers and @realAlexKolodin is unprecedented. Not 1 dem lawyer was sanctioned for frivolous legal filings in FL in 2000 or WI, MI or PA in 2016 where dems spent $7.4 MILLION in recount lawsuits in those states & lost every suit. (3/4) https://t.co/QC8e5yj3ho
Gosar portrayed Kolodin as one of a class of lawyers punished for representing causes and individuals “disfavored by the regime,” a hallmark of autocracy according to the congressman.
“This form of oppression is well documented by autocrats desperate [to] stop any challenge [to] their legitimacy,” said Kolodin.
@realAlexKolodin The assault on lawyers willing 2 rep causes & people disfavored by the regime in power is reaching dangerous levels in AZ & across the country. This form of oppression is well documented by autocrats desperate 2 stop any challenge 2 their legitimacy. (1/4) https://t.co/QC8e5yj3ho
Arizona’s chief law enforcement officer announced a legal action over the 2022 election, angering some of the state’s legislative Republicans.
On Wednesday, Attorney General Kris Mayes revealed that “the State Grand Jury has returned an indictment charging Peggy Suzanne Judd and Terry Thomas ‘Tom’ Crosby with the felony offenses of Interference with an Election Officer and Conspiracy.”
.@AZAGMayes today announced that the State Grand Jury has returned an indictment charging Peggy Suzanne Judd of Willcox, and Terry Thomas “Tom” Crosby of Sierra Vista, with the felony offenses of Interference with an Election Officer and Conspiracy. https://t.co/JUGP6aMYag
In a statement issued in conjunction with the announcement, Mayes said, “The repeated attempts to undermine our democracy are unacceptable. I took an oath to uphold the rule of law, and my office will continue to enforce Arizona’s elections laws and support our election officials as they carry the duties and responsibilities of their offices.”
The repeated attempts to undermine our democracy are unacceptable. I took an oath to uphold the rule of law, and my office will continue to enforce Arizona’s elections laws and support our election officials as they carry out the duties and responsibilities of their offices. https://t.co/boKPiNtiUi
According to the indictment, Judd and Crosby are alleged to have “conspired to delay the canvass of votes cast in Cochise County in the November 2022 General Election,” and to have “knowingly interfered with the Arizona Secretary of State’s ability to complete the statewide canvass for the 2022 General Election.”
Democrat Governor Katie Hobbs cheered on the indictments, posting, “To give Arizonans the free & fair elections they deserve, we must hold those who seek to undermine our democracy accountable. Thank you, AG Mayes, for protecting our democracy & enforcing the law without fear or favor.”
To give Arizonans the free & fair elections they deserve, we must hold those who seek to undermine our democracy accountable.
Republican lawmakers were not as complimentary toward Mayes. Arizona State Senator Jake Hoffman issued a lengthy statement, attacking the decision and the process for these indictments, calling it “a disgusting weaponization of the AZ Attorney General’s office.” Hoffman said that “this is ELECTION INTERFERERNCE by an extremist AG who wants to chill any future efforts by local election officials to challenge potentially inaccurate elections.” He predicted that these indictments would set a precedent that would be used against other local officials and encouraged Arizona County Supervisors to “leverage every tool you have at your disposal to make it clear to the entire AG’s office that weaponizing Arizona’s government has harsh consequences.”
Democrat Kris Mayes is engaged in a disgusting weaponization of the AZ Attorney General’s office.
Make no mistake, this is ELECTION INTERFERENCE by an extremist AG who wants to chill any future efforts by local election officials to challenge potentially inaccurate elections.… pic.twitter.com/NK6GqKGoIH
Both Senator Anthony Kern and Representative Jacqueline Parker threatened Mayes with impeachment for these indictments.
The @AZHouseGOP absolutely should get on this. I wonder which Republican(s) are too cosy with Mayes to defend the Constitution against clearly partisan attacks…? 🤔 Time will tell. https://t.co/apdxMN8Vxu
Parker also broached the idea of indicting other County Supervisors around the state to ensure “equal treatment under the law in AZ.”
If Mayes wants to get all righteous about election integrity, there are A LOT of other BOS members who need to be indicted as well. Or do we NOT have equal treatment under the law in AZ? https://t.co/4oMMsRJmPE
On the other side of the aisle, Democrat Representative Oscar De Los Santos praised the action, writing, “A grand jury of everyday Arizonans has indicted two MAGA politicians for conspiring to prevent the certification of a free and fair election. Criminals who conspire to undermine our democratic republic and the rule of law must be prosecuted to the fullest extent.”
A grand jury of everyday Arizonans has indicted two MAGA politicians for conspiring to prevent the certification of a free and fair election.
Criminals who conspire to undermine our democratic republic and the rule of law must be prosecuted to the fullest extent. https://t.co/FSWDcNjl76
These Cochise County indictments from the State Grand Jury may be the start of Mayes’ actions against Republicans on the election front. The Democrat Attorney General is believed to be progressing in her investigation over the presidential alternate electors from the Arizona Republican Party in 2020. Not much is known about this investigation or the timeline for any possible indictments, but legal action over this matter would undoubtedly create an exponentially greater firestorm with Republicans than the expressed outrage over the Cochise County indictments.
The growing dispute between the Republican-led legislature and Attorney General’s Office could have major implications for the state’s budget negotiations in 2024. Earlier this year, Attorney General Mayes expressed disappointment over the lack of resources appropriated to her office in the compromise between legislative Republicans and Governor Hobbs. At the time, Mayes said, “Today, we see a budget proposal moving forward that appears to be politically expedient for a few, but wholly inadequate for the majority of people in our state.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
