Arizona drops stalled ‘fake elector’ case against Rudy Giuliani, 17 Trump allies

Arizona Attorney General Kris Mayes, a Democrat, has dismissed a criminal case targeting former New York City Mayor Rudy Giuliani, among others.

On Thursday, Mayes announced the dismissal of charges against 18 defendants in the state’s “fake electors” case, including Giuliani.

America’s mayor celebrated the dropping of the “unjustified and unconstitutional” charges by taking to social media:

The AG had originally accused the defendants of taking part in a conspiracy to submit false certificates claiming current President Donald Trump won Arizona’s 11 electoral votes in 2020, despite Joe Biden having won them.

The 18 defendants included 11 Arizona Republicans who’d signed fake elector certifications, in addition to Trump’s associates and lawyers, e.g., Giuliani.

All 18 defendants faced nine felony counts, including conspiracy, fraudulent schemes, and forgery related to the false certificates sent to Congress, the National Archives, and others.

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Giuliani was famously served his indictment during his 80th birthday party on May 17, 2024:

However, there’s a big catch to Mayes dropping the charges — she intends to refile them differently.

According to the Associated Press, a judge recently ordered the case returned to a grand jury due to a procedural due-process issue: Mayes had failed to properly inform the original grand jury about key provisions of federal law, like the Electoral Count Act that governs elector certification.

The judge made this decision after defense attorneys successfully argued “that the original grand jury hadn’t been shown the relevant parts of a law that governs how presidential contests are certified,” according to the AP.

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Mayes tried to appeal but lost earlier this month.

“[T]he Arizona Supreme Court rejected Attorney General Kris Mayes’ request to avoid sending the case back to the grand jury. Mayes had hoped to continue pushing forward through the courts without having to start over at the grand jury level,” the AP reported on June 4.

The problem was that Mayes had only until this Friday to pursue new grand jury proceedings. That gave her too little time to prepare, given that cases such as this involve substantial evidence, so she decided to just drop the case WITHOUT PREJUDICE, meaning she may refile it at any time.

In the filing submitted Thursday to close the case, she called to “dismiss the indictment without prejudice, so the State can re-present this case to the grand jury on a reasonable timeline.”

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What remains unclear is IF she’ll refile. Some on the right have already confidently declared total victory and vindication.

Others have warned that whether or not Mayes files will likely be dependent on whether she wins reelection in November:

Katie Hobbs is the Democratic governor of Arizona.

Other critics have called for a malicious prosecution investigation to be launched against Mayes, among others, so that the defendants can be compensated for the time and money they’ve lost.

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Vivek Saxena

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