(Luis Cornelio, Headline USA) The Arizona criminal case related to the 2020 presidential election could soon be dismissed after Republican defendants cited a law that blocks state prosecutors from weaponizing the judicial system against political opponents.
On Monday, Maricopa County Judge Bruce Cohen indicated he might hear the defendants’ plea to dismiss the charges, following their invocation of the state’s anti-SLAPP law, Courthouse News Service reported on Tuesday.
The anti-SLAPP law protects First Amendment rights, including freedom of speech and freedom of the press, and explicitly shields any defendant from prosecution if the courts determine that such a case was brought in retaliation for First Amendment-protected speech.
At least 14 of the 16 defendants argue that their signatures to declare electoral votes for Trump in protest of the 2020 election certification were protected by the First Amendment and this law.
Former New York City Mayor Rudy Giuliani and Republican state Senator Jake Hoffman are among those defendants citing the law.
Thus far, former Trump attorney Jenna Ellis has agreed to cooperate, and former Republican official Lorraine Pellegrino has pleaded guilty.
According to Courthouse News Service, Cohen could order an evidentiary hearing in November if he finds the anti-SLAPP motions have merit. He could dismiss the cases if the evidence supports it.
Citing the law as a defense, Hoffman’s attorney Michael Columbo told the judge, “There’s a difference between a group of people committing fraud and a group of people expressing an unpopular political belief.”
Other defendants argued that challenging the 2020 election results, including filing lawsuits and urging Congress to reject the certification, is not a crime and that any related criminal cases should be dismissed, according to the outlet.
Republicans have long described the case, led by Arizona Attorney General Kris Mayes, as part of a broader Democratic “lawfare” campaign against conservatives.
Mayes, a Democrat, took office in 2023 after winning the election by just 280 votes. She announced the criminal charges related to the election certification in May 2024, more than three years after the alleged crimes occurred.
