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Arizona Judge Orders Fake Electors Case Back to Grand Jury Over Procedural Error

Prosecutors must re-present the case with full Electoral Count Act guidance, delaying efforts to hold 18 defendants accountable for alleged election subversion.

FILE - Attorney John Eastman, the architect of a legal strategy aimed at keeping former President Donald Trump in power, talks to reporters after a hearing in Los Angeles, June 20, 2023. (AP Photo/Jae C. Hong, File)
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Overview

  • Maricopa County Superior Court Judge Sam J. Myers ruled that Arizona prosecutors failed to provide the grand jury with the text of the Electoral Count Act, a key statute in the case.
  • The judge's decision requires the case against 18 defendants, including Rudy Giuliani and Mark Meadows, to be re-presented to a new grand jury.
  • Arizona Attorney General Kris Mayes plans to appeal the ruling, stating her office disagrees with the court's decision and remains committed to the prosecution.
  • Defense attorneys argued that the omission of the law's text denied their clients a substantial procedural right, with the judge agreeing that proper legal instructions were not provided.
  • This development marks a significant procedural setback for the prosecution, though similar charges against alternate electors are progressing in other states, including Georgia and Michigan.