Judge to hear arguments over whether to dismiss Arizona’s fake elector case

PHOENIX (AP) — A judge will hear arguments Monday in a Phoenix courtroom over whether to throw out charges against Republicans who signed a document falsely claiming Donald Trump won Arizona in the 2020 election and others who are accused of scheming to overturn the presidential race’s outcome.

At least a dozen defendants are seeking a dismissal under an Arizona law that bars using baseless legal actions in a bid to silence critics. The law had long offered protections in civil cases but was amended in 2022 by the Republican-led Legislature to cover people facing most criminal charges.

The defendants argue Democratic Attorney General Kris Mayes tried to use the charges to silence them for their constitutionally protected speech about the 2020 election and actions taken in response to the race’s outcome. They say Mayes campaigned on investigating the fake elector case and had shown a bias against Trump and his supporters.

Prosecutors say the defendants don’t have evidence to back up their retaliation claim and they crossed the line from protected speech to fraud. Mayes’ office also has said the grand jury that brought the indictment wanted to consider charging the former president, but prosecutors urged them not to.

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