Arizona Attorney General Kris Mayes is dismissing a high-profile criminal case tied to efforts to overturn the 2020 presidential election in the state, while making clear her office intends to seek a new indictment through another grand jury.
The decision affects a case that named several prominent figures, including former Trump chief of staff Mark Meadows and former New York City Mayor Rudy Giuliani. Prosecutors say the dismissal is procedural and does not signal an end to the investigation.
Decision
Mayes announced Thursday that her office is dismissing the existing indictment before a court-imposed deadline for starting new grand jury proceedings. The move comes after the attorney general lost an appeal earlier this month related to how the original grand jury was instructed on Arizona election law.
The Democratic attorney general said the case will be brought back before a new grand jury in an effort to secure a fresh indictment.
Legal Context
Defense attorneys successfully argued that the original grand jury was not presented with relevant portions of Arizona law governing how presidential elections are certified. That argument led a judge to order the case back to the grand jury, prompting the appeal by Mayes.
With a deadline approaching to initiate new proceedings, prosecutors opted to dismiss the case and restart the process.
The Arizona case had been largely stalled for more than a year while the appeal was pending.
National Landscape
Arizona’s case is the third state-level fake elector prosecution to be dismissed.
Similar cases in Michigan and Georgia were dismissed, and a federal case brought by a special prosecutor was dropped in late 2024. That federal case accused former President Donald Trump of conspiring to overturn the 2020 election and was abandoned after Trump defeated Democratic Vice President Kamala Harris in the 2024 presidential election.
Cases related to the fake elector strategy remain active in Nevada and Wisconsin.
Nevada Comparison
In Nevada, charges were dismissed in 2024 after a judge ruled the case had been filed in the wrong county. Later that year, prosecutors refiled the case in Carson City, the state capital.
Arizona prosecutors appear to be following a similar reset strategy by restarting their case under revised procedures.
Arizona Dispute
In Arizona, defense lawyers argued that state law allowed for multiple slates of electors to be submitted to Congress if election results were disputed. That argument relied on interpretations of federal law in place during the 2020 election.
Congress amended federal election law in 2022 to clarify that each state may submit only one slate of electors and that governors are responsible for certifying them.
Joe Biden won Arizona in 2020 by 10,457 votes.
Case Challenges
The case was filed nearly three and a half years after the 2020 election and involved complex conspiracy charges against 18 defendants. Defense attorneys filed at least a dozen motions to dismiss, significantly slowing progress.
Complications increased in late 2024 when the original judge recused himself after an email surfaced urging fellow judges to speak out against attacks on Harris’ presidential campaign. The case was then reassigned and sent back to a grand jury.
Defendants
Of the 18 defendants:
- Two were former Trump aides
- Five were lawyers who worked for Trump
- Eleven were Republicans who submitted a document falsely claiming Trump won Arizona
Three defendants have resolved their cases, including one who pleaded guilty to a misdemeanor. The remaining defendants have pleaded not guilty.
Several have said they signed the document as a contingency, believing a new slate of electors might be needed if Trump succeeded in court challenges before Congress met on January 6 to certify the election.
Political Impact
The case has become an issue in Arizona’s attorney general race. Both Republican challengers to Mayes have said publicly that they would dismiss the charges if elected.
Mayes has defended the prosecution, saying accountability for election interference remains a priority for her office.
FAQs
Why is Arizona dismissing the case?
Prosecutors are restarting the case with a new grand jury.
Who was charged in the case?
Defendants included Trump allies and Arizona Republicans.
Will the case return?
Yes, the attorney general plans to seek a new indictment.
How many defendants were involved?
Eighteen people were originally charged.
Does this end the investigation?
No, prosecutors say the case is ongoing.
