by Staff Reporter | Mar 28, 2025 | News
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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by Matthew Holloway | Feb 15, 2025 | News
By Matthew Holloway |
The 16 prominent Republicans prosecuted for their participation in creating an alternate Electoral College slate for the 2020 presidential election are one step closer to having their charges dismissed. Earlier this week, a Maricopa County Judge ruled that Attorney General Mayes may have been politically motivated to charge them.
On Monday, Maricopa County Judge Sam Myers ruled that the defendants successfully demonstrated that the charges against them could comprise an attack on what he deemed is “at least in part some arguably lawful speech.” This ruling could trigger a dismissal through Arizona’s Anti-SLAPP law, a statute designed to prevent legal action launched to suppress free speech. In the text of Arizona’s Anti-SLAPP law, the prosecution must now establish “the legal action on which the motion is based is justified by clearly established law and that the responding party did not act in order to deter, prevent or retaliate against the moving party’s exercise of constitutional rights.” As reported by Courthouse News, Judge Myers said that a statement from Arizona Democratic Attorney General Kris Mayes, while announcing the indictment of the 16 Republicans that “this should never happen again,” could potentially show a political motivation to the prosecution.
As the outlet noted, Arizona prosecutors led by Mayes, have 45 days from the date of the ruling to respond to the judge’s ruling and prove to the court that the charges were brought in order to enforce existing Arizona laws and not to suppress the freedom of speech under the First Amendment. Myers said he will rule on the motion to dismiss once he’s received and considered the response. Responding to the ruling, Mayes promised an appeal in a press release saying, “We disagree with this ruling, and we will pursue an appeal.” She reiterated her claim adding, “It is not the lawful exercise of free speech to file forged slates of electors to deprive Arizona voters of their right to vote.”
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.
Following the ruling, Eastman posted to X, “Major ruling in the Arizona electors case this a.m. The new judge just ruled that I met the prima facie case required to dismiss under the anti-SLAPP statute — that is, 1st Amend. rights implicated, & substantial evid. that the prosecution was to retaliate or deter those rights.”
Eastman added, “Just to clarify. The AG now has to prove that she wasn’t motivated by desire to retaliate or deter 1A rights. Their brief is due March 25. The judge also rejected the AG’s claim that the anti-SLAPP statute is unconstitutional.”
Fellow defendant Dr. Kelli Ward explained on X, “The court found sufficient showing in the defense’s arguments to warrant moving to stage 2 of the process in AZ’s criminal anti-slapp statute. Now the state has to prove that this case was not politically motivated and they must show that they’re using established precedent and not interpreting the law in new ways.”
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 Corinne Murdock | Nov 15, 2021 | News
By Corinne Murdock |
Senator Mark Kelly (D-AZ) hasn’t denounced the dossier targeting parents and political enemies that leads back to one of his donors: Scottsdale Unified School District’s (SUSD) now-former governing board president, Jann-Michael Greenburg. Federal Election Commission (FEC) records show Greenburg donated $1,000 to Kelly’s campaign last year.
AZ Free News reached out to Kelly for a comment on the dossier and Greenburg’s donation; his campaign was silent, offering no repudiation.
Not all have opted for silence or inaction in the face of the Greenburg dossier, which rose to national prominence within days of initial reports on its existence. On Monday night, the SUSD Governing Board convened in a special meeting to determine Greenburg’s fate as president and a member of the board. They voted to demote him from his presidency. However, Greenburg refused to resign. He stated repeatedly that the board members lacked “all the facts” and urged them not to demote him, pleas made to an unyielding group.
Prior to the meeting, questions arose as to whether Kelly would denounce Greenburg as other Arizona politicians had. He hasn’t, but his awareness of current events in education has been fine otherwise.
Though Kelly has been silent on the dossier threatening the parents and community members of a public schooling system in his state, he took the time to issue a celebratory announcement about public schools hours prior to SUSD’s meeting.
“It’s #AmericanEducationWeek! Public schools are the foundation of our education system thanks to the teachers who dedicate their lives to making sure the next generation is set up for success. It’s our job to support them and make sure they have the resources they need.”
Kelly’s silence on the matter prompted remarks from opponents. GOP U.S. Senate candidate Jim Lamon characterized Greenburg’s connection to the dossier as typical behavior for a Kelly supporter. Lamon issued a statement that Greenburg had been “stalking, harassing, intimidating, and doxxing” parents through the dossier, and called for his immediate resignation.
“Storing parents’ personal information and photos of their children, recording parents with a body camera, taking down license plate numbers, and creating a dossier against parents is outrageous and unethical. It’s no wonder he’s given money to Mark Kelly!” wrote Lamon. “Parents are NOT the enemy!”
The Greenburg dossier served as a reminder of another ongoing controversy: the apparent collusion between the National School Boards Association (NSBA) and the Biden Administration. Days after the White House received a letter from the NSBA requesting an investigation into parents and community members for domestic terrorism, among other things, Department of Justice (DOJ) Attorney General Merrick Garland issued a memo effectively directing the FBI to heed the NSBA’s call.
Since the memo’s publication, it’s come to light in email records and other paper trails that the White House collaborated with the NSBA on the submission of their letter.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
by Terri Jo Neff | Sep 19, 2021 | News
By Terri Jo Neff |
Corporate executive Jim Lamon’s campaign for U.S. Senate received endorsements last week from the National Border Patrol Council and the Arizona Police Association, shocking many in the Republican Party who assumed Arizona Attorney General Mark Brnovich was a shoo-in for the groups’ backing.
Lamon, the founder of Fortune 550 utility company DEPCOM Power, is among four prime candidates seeking the Republican nomination on Aug. 2, 2022 –and with it the chance to unseat Sen. Mark Kelly. The others are Brnovich, recently retired Arizona Adjutant General Michael “Mick” McGuire, and political newcomer Blake Masters, who serves as president of the Thiel Foundation.
There were also endorsements announced last week in the Arizona gubernatorial race, where businessman Steven Gaynor, former state lawmaker Matt Salmon, Board of Regents member Karrin Taylor Robson, and current State Treasurer Kimberly Yee are hoping Republican voters will start to look past the local celebrity status of television news personality Kari Lake, the current front runner.
The endorsements came in the form of former governors Jan Brewer and Fife Symington joining Taylor Robson as co-chairs of her campaign. Their support comes after Taylor Robson and Yee spent the summer taking turns announcing various municipal and county endorsements.
Meanwhile, Rep. Aaron Lieberman (LD28) and former Nogales Mayor Marco Lopez Jr. are hoping to show the name recognition enjoyed by current Secretary of State Katie Hobbs does not mean she is the best candidate to represent the Democratic Party in the race for governor.
The multi-candidate race to the Republican nomination for Arizona Secretary of State saw its biggest news to date when former President Donald Trump endorsed Rep. Mark Finchem (LD11) last week. Finchem’s most noted primary opponents are Sen. Michelle Ugenti-Rita (LD23) and Rep. Shawnna Bolick (LD20).
Trump’s endorsement of Finchem overshadowed the fact Rep. Reginald Bolding (LD27) snagged the endorsements last week of two prominent Democratic state lawmakers in his race against former Maricopa County Recorder Adrian Fontes for that party’s nomination for Secretary of State.
Those endorsements, from Senate Minority Leader Rebecca Rios and Senate Minority Whip Martin Quezada, came as Senate President Karen Fann announced the audit report is expected to be released shortly into how well Maricopa County -especially Fontes’ office- complied with election laws and state election rules during the 2020 General Election.
The Republican primary for State Treasurer got less bloated this month when Rep. Regina Cobb (LD5) bowed out just weeks after announcing her candidacy. Cobb will be taking an executive position with the Arizona Dental Association, leaving Sen. David Livingston (LD22) and Rep. Jeff Weninger (LD17) to duke it out.
On the Democrat side, Sen. Martin Quezada (LD29) is expected to easily win his party’s nomination in the primary.
There have not been any major changes in the race for Arizona Attorney General, where former Supreme Court Justice Andrew Gould is in a close race for the Republican nomination against former federal prosecutor Lacy Cooper and UA College of Law alumna Tiffany Shedd in the primary.
And the fight for the Democratic Party nomination remains between Rep. Diego Rodriguez (LD27), former Arizona Corporation Commissioner Kris Mayes, and 2020 Legal Aid Attorney of the Year January Contreras. One Libertarian, Phoenix-based attorney Michael Kielsky, is also running for attorney general.
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