by Matthew Holloway | Jul 5, 2024 | News
By Matthew Holloway |
Arizona Senator Jake Hoffman (R-LD15) has raised a potent legal challenge to the politically driven prosecution that he and 17 other prominent Republican alternate electors have faced at the hands of Arizona Attorney General Kris Mayes whom he referred to as “zealously partisan.” Hoffman released a scorching statement to accompany a legal motion to dismiss the case on July 2, along with his official mugshot taken after his indictment “in response to Kris Mayes political persecution campaign against the 2020 Republican electors.”
Hoffman wrote,
“In war, only leaders are targeted for assassination.
This is a political war.
You can persecute us.
You can attack us.
But you will never silence us.
Truth will always prevail.
NEVER SURRENDER.
Before an investigation had even been conducted and with no evidence, Kris Mayes declared that she believed electors such as myself were guilty of a crime, that it was her job to get Biden re-elected, and that she would control the timing of the indictment.
Let me be unequivocal, I am innocent of any crime, I will vigorously defend myself, and I look forward to the day when I am vindicated of this naked political persecution by the judicial process.”
Hoffman’s attorney Tim La Sota filed the motion citing Arizona state law that allows for rapid dismissal of cases under special circumstances to protect citizens from legal action for exercising a constitutional right known as “SLAPP” or “strategic lawsuit against public participation,” according to the Arizona Republic.
La Sota called the charges against Hoffman “politics by other means,” describing it as, “an effort by an overtly partisan elected attorney general to shame and punish her political opponents and critics for exercising their constitutional rights.”
In the motion, La Sota added, “The attorney general’s novel, overzealous, and retaliatory prosecution is also tied to Sen. Hoffman’s Republican colleagues’ efforts to conduct oversight of her office.”
Hoffman’s attorney pointed to multiple examples of extra-judicial speech from Mayes and her Chief Deputy Dan Barr for prejudicial statements posted to social media, such as a July 2022 post in which Mayes wrote she “would have immediately investigated the fake electors” stating they “videotaped their crime for all to see.” He also pointed to an August 2022 post from Barr who wrote, the alternate GOP electors were “criminals” claiming they “should be prosecuted as such,” according to AZCentral.
La Sota wrote in the motion, “Attorney General Mayes’ and Chief Deputy Attorney General Barr’s extrajudicial statements demonstrate a strong animus against those who questioned the 2020 election and particularly the alternate electors, including Senator Hoffman, and a desire to prosecute them before any investigation had taken place.”
In an email to the outlet Tuesday, he explained that Mayes’ and her surrogates had effectively branded his client and his co-defendants as criminals before any investigation into their actions began. “It was more than a mere pledge to investigate whether or not they committed a crime, which would have been ethical.”
Executive Director of Save Arizona and Chairwoman of Strong Communities Action Merissa Hamilton reposted Hoffman’s post to X supportively writing, “Future generations will look back on this dark time in our nation’s history and remember those that stood in the gap to save our freedom! Please keep @JakeHoffmanAZ and his family in your prayers! They have backbones of steel! Every day wake up and ask yourself what you can do to save Arizona today! Then go forth like your freedom and life depends on it!”
Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.
by Staff Reporter | May 22, 2024 | News
By Staff Reporter |
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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