Attorney General Kris Mayes of Arizona is taking the legal battle involving allegations of a fake elector scheme to overturn the 2020 presidential election results to the state's highest court. After a lower court ruling halted the criminal case against Trump's former chief of staff, Mark Meadows, former New York City Mayor Rudy Giuliani, and other defendants, Mayes filed an appeal to the Arizona Supreme Court, as reported by ABC15 on Friday. Mayes seeks a review of the decision that has, for the time being, placed the case in limbo.
The appeal follows a decision by Maricopa County Superior Court Judge Sam Myers, who found that the 1887 Electoral Count Act was not presented to the grand jury, an oversight the defense claims justifies their actions. Mayes, however, contends that the Act, a federal statute, offers no defense against the state fraud, forgery, and conspiracy charges faced by the defendants, including state Sen. Jake Hoffman and former state Republican Party chair Kelli Ward. According to a statement obtained by ABC15, Mayes emphasized, "An independent grand jury of ordinary Arizonans found that there was sufficient cause to charge the defendants with the alleged crimes."
In her appeal, Mayes argued against the necessity of presenting the Electoral Count Act to the grand jury, saying it could mislead them or, at worst, amount to an endorsement of the defendants' legal interpretation of it, which she insists is a matter for the judiciary. The appeal further suggests that Judge Myers's ruling could have adverse implications for future grand jury proceedings. As AZ Mirror detailed, Mayes wrote, "The issues presented in this case affect every case that is presented to the grand jury."
The fake elector case is part of a broader context, as several state-level lawsuits seek accountability for the 2020 election interference attempts. With cases in Nevada, Wisconsin, Michigan, and Georgia also ongoing, the outcome of Mayes' appeal could resonate beyond Arizona's borders. The decision whether the Supreme Court will accept the appeal, however, will not be known for a few weeks. The defendants have one month to respond after which the justices will vote. If the appeal is declined, the order to send the case back to the grand jury will stand, unless Mayes opts to dismiss it. This development comes after Trump recently pardoned individuals across the country, including Arizona's own slate of fake electors, accused of attempting to subvert election results, as per ABC15.
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