Defendants request dismissal of Arizona ‘fake elector’ case as trial set for 2026

The decision on whether Arizona’s “fake electors” case will proceed to trial on Jan. 5, 2026, now rests in the hands of Judge Bruce Cohen after three days of arguments. The defendants, including prominent figures such as Rudy Giuliani and Mark Meadows, argue that the charges against them infringe upon their First Amendment rights, while the state contends that the charges of fraud, forgery, and conspiracy are not related to political speech. Some defendants have struck plea deals, but others are seeking dismissal under Arizona’s anti-SLAPP law. Attorney General Kris Mayes denies that the case is politically motivated, emphasizing that the indictments resulted from a thorough investigation. Despite the defendants’ claims, the prosecution argues that the evidence shows illegal conduct rather than protected speech. The hearing stretched to three days, with some participants attending virtually, including one lawyer on a boat and another buying birdseed. After the state’s rebuttal, Cohen gave the defendants until Sept. 6 to respond to the prosecution’s argument in a five-page document. The case has sparked debate over the intersection of free speech and criminal conduct, with implications for the future of prosecutions under the expanded anti-SLAPP law in Arizona.

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