An Arizona grand jury has indicted 18 individuals who either posed as or assisted in organizing a slate of electors which falsely claimed that former President Donald Trump won the Arizona state in 2020. This action is part of an extensive campaign to prevent a repeat of the 2020 election, during which Trump and his associates falsely claimed victory in crucial swing states, filed numerous unsuccessful lawsuits to contest Biden’s win, and attempted to convince Congress to maintain Trump in power. The effort reached its peak with the January 6, 2021, attack on the U.S. Capitol. The escalating penalties for this push include disbarments, censures, and sanctions against lawyers who aided Trump, as well as multimillion-dollar slander fines and criminal charges in four states for spreading false information about the 2020 election. Submitting so-called “fake electors” claiming that Trump had actually won the states and that Congress should recognize them instead of the electors won by President Joe Biden was part of this operation. David Becker, co-author of “The Big Truth” and founder of the Center for Election Innovation & Research, emphasized the significance of deterrence in this situation. “People are going to have to reconsider doing things to undermine the election,” Becker said. “The deterrent effect is real.” In addition to the federal charges related to his attempt to overturn the election, Trump faces a distinct indictment from Fulton County, Georgia. The Supreme Court heard arguments on Thursday regarding Trump’s claim that he should be shielded from prosecution for acts committed while serving as president. Although justices appeared inclined to reject the argument, some indicated concerns about the federal charges, potentially delaying the case until after the November election. Justin Levitt, a former Department of Justice official who also served in the Biden White House, highlighted the varying pace of consequences between Trump and those he referred to as the former president’s “lieutenants” in the challenges to the 2020 election outcomes. Levitt noted, “Swiftness and severity are two of the most important factors in fostering deterrence.” “The wheels of justice may be turning slowly, but they are turning, and we are witnessing consequences for the lieutenants in this conspiracy.” Indictments of so-called “fake electors” in Arizona, Michigan, and Nevada—all states with Democratic attorneys general—may have some of the most far-reaching consequences. Several people named in the extensive Georgia indictment were also charged in connection with a scheme involving fake electors. The 18 people indicted in Arizona include Mark Meadows, Trump’s former chief of staff; Rudolph Giuliani, former New York City mayor; and Christina Bobb, an attorney who was recently named the Republican National Committee’s head of “Election Integrity.” Trump was listed as an unindicted co-conspirator. Adrian Fontes, Arizona’s Democratic Secretary of State, stated in an interview on Thursday, “This is not a game or a fantasy football league.” “This is real life, and bad acts have the potential for severe consequences.” The wide scope of the Arizona indictment, announced by State Attorney General Kris Mayes, has drawn strong criticism from some defendants outside the state. “The trend of partisan ‘lawfare’ is becoming more concerning by the day,” said Charles Burnham, an attorney representing attorney John Eastman, who advised Trump on his 2020 legal battle and faces potential disbarment in California and additional criminal charges in Georgia. This action follows indictments against 16 alleged Trump electors who claimed their candidate had won Michigan, six in Nevada, and three in the Fulton County case in Georgia. In a speech delivered in Georgia earlier this year, Eastman discussed how the false Trump electors in Wisconsin had agreed as a condition of settling a civil lawsuit filed by two Democrats that Biden had won the state and that they would not serve as electors in 2024. He portrayed it as part of a wider attempt to quell opposition to the 2020 election—despite the fact that reviews, recounts, and audits in all the swing states where Trump contested his loss all confirmed Biden’s victory. “The government has spoken,” Eastman said, “so if you don’t submit, we will destroy you.” Prosecutors have a different perspective on their cases. Michigan Attorney General Dana Nessel stated in a statement last year when her office filed charges, “As we approach the 2024 presidential election, today’s charges are the first in an ongoing effort to not only seek justice for past wrongs, but also to ensure that they do not happen again.” Congress has taken decisive action beyond the indictments to close off additional avenues for electoral manipulation. A bipartisan bill signed by Biden in 2022 makes it more difficult to submit competing slates of electors by requiring that only those certified by a state’s governor be sent to Congress for certification. Edward B. Foley, a law professor at The Ohio State University, said, “The possibility of alternate electors has been drastically reduced.” The 65 Project is an organization founded to pursue legal action against attorneys involved in filing the dozens of unsuccessful lawsuits challenging Trump’s 2020 loss. According to Michael Teter, the group’s managing director, the threat has already had an impact by dampening enthusiasm among election deniers for litigation challenging their numerous losses at the polls in 2022. Teter remarked, “I don’t believe we’ll see the same level of effort to exploit the legal system in 2024,” adding that he anticipates Trump will contest the results if he loses at the polls. “However, I don’t believe they’ll use the court system in the same manner or engage in a scheme like the false elector one.” “I don’t believe many people will be willing to sign up for that again.” Joey Cappelletti and Jonathan J. Cooper, both Associated Press writers, contributed to this report from Lansing, Michigan, and Phoenix, respectively.
Arizona Indictments Aim to Deter Future Election Challenges
