Giuliani's Lawyer Argues for Dismissal of Charges in Arizona's Fake Elector Case

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ICARO Media Group
Politics
26/08/2024 23h04

Rudy Giuliani's lawyer, Mark Williams, made a case on Monday for the charges against his client to be dismissed in Arizona's fake elector case. Williams argued that Giuliani had not committed any criminal acts while contesting Joe Biden's slim victory over Donald Trump in the state's 2020 election.

The indictment against Giuliani alleges that he spread false claims of election fraud in Arizona after the 2020 election and presided over a meeting in downtown Phoenix where he asserted that officials had made no effort to verify the accuracy of the presidential election results.

In defense of his client, Williams asserted that Giuliani was merely exercising his rights to free speech and petition the government. He sarcastically questioned how Giuliani could have known that presiding over a meeting in downtown Phoenix would be deemed a crime.

The ongoing hearing involves arguments over whether to dismiss charges against Republicans who falsely claimed that Trump won Arizona and those accused of conspiring to overturn the outcome of the presidential race. Prosecutors were expected to respond to Giuliani's arguments at a later time on Monday.

The indictment contends that despite not being a fake elector in Arizona, Giuliani exerted pressure on Maricopa County officials and state legislators to alter the state's election results. Additionally, he allegedly encouraged Republican electors in the state to vote for Trump in mid-December 2020.

Under an Arizona law passed in 2022, at least a dozen defendants involved in the case are seeking dismissal. This law forbids baseless legal actions aimed at silencing critics and now covers individuals facing criminal charges. The defendants argue that Democratic Attorney General Kris Mayes has used these charges to stifle their constitutionally protected speech regarding the 2020 election and their responses to its outcome. They further claim that Mayes exhibited bias against Trump and his supporters during her campaign.

Prosecutors, however, contend that the defendants lack evidence to substantiate their claims of retaliation and that they crossed the line from protected speech into fraudulent activities. Mayes' office has also stated that although the grand jury considering the indictment contemplated charging the former president, prosecutors advised against it.

The indictment lists a total of 18 Republicans facing charges, including forgery, fraud, and conspiracy. Among them are 11 Republicans who submitted a document falsely claiming Trump's victory in Arizona, two former Trump aides, and five lawyers connected to the former president, including Giuliani.

Former Trump campaign attorney Jenna Ellis, who worked closely with Giuliani, reached a cooperation agreement with prosecutors, resulting in the dismissal of her charges. Republican activist Loraine Pellegrino became the first person to be convicted in the case after pleading guilty to a misdemeanor charge and receiving probation.

Meanwhile, former Trump presidential chief of staff Mark Meadows seeks to have his charges transferred to federal court, where his lawyers plan to pursue their dismissal. Although Trump himself was not charged in Arizona, he is referred to as an unindicted coconspirator in the indictment.

Prosecutors revealed that during the grand jury proceedings, a prosecutor urged against indicting Trump, citing a U.S. Justice Department policy that restricts prosecuting someone for the same crime twice. The prosecutor also expressed uncertainty about whether authorities possessed sufficient evidence at the time to charge Trump.

The case in Arizona is not an isolated incident. Prosecutors in Michigan, Nevada, Georgia, and Wisconsin have also filed criminal charges relating to the fake elector scheme. Arizona authorities brought forth the felony charges in late April.

As the hearing continues, the decision on whether to dismiss the charges against the defendants remains pending.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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