Eliana Willis

An Arizona grand jury has charged 18 people involved in the scheme to create a slate of false electors for Donald Trump, including 11 people who served as those fake electors and seven Trump allies who aided the scheme.Kris Mayes, Arizona’s Democratic attorney general, announced the charges on Wednesday, and said the 11 fake electors had been charged with felonies for fraud, forgery and conspiracy.Beyond the fake electors themselves, high-profile Trump affiliates have been charged with aiding in the scheme: Mark Meadows, John Eastman, Boris Epshteyn, Rudy Giuliani, Jenna Ellis, Christina Bobb and Mike Roman.Those charged over their roles as false electors include two sitting lawmakers, state senators Jake Hoffman and Anthony Kern. The former Arizona Republican party chair Kelli Ward and her husband, Michael Ward, have been charged, as has Tyler Bowyer, a Republican national committeeman and Turning Point USA executive, and Jim Lamon, who ran for US Senate in 2022. The others charged in the fake electors scheme are Nancy Cottle, Robert Montgomery, Samuel Moorhead, Lorraine Pellegrino and Gregory Safsten.The indictment says: “In Arizona, and the United States, the people elected Joseph Biden as president on November 3 2020. Unwilling to accept this fact, defendants and unindicted co-conspirators schemed to prevent the lawful transfer of the presidency to keep unindicted co-conspirator 1 in office against the will of Arizona’s voters. This scheme would have deprived Arizona voters of their right to vote and have their votes counted.”Biden won Arizona by more than 10,000 votes, a close margin in the typically red state that immediately prompted allegations of voter fraud that persist to this day. The state has remained a hotbed of election denialism, despite losses for Republicans who embraced election-fraud lies at the state level.Trump has not been charged in the Arizona case.The indictment refers to Trump himself as “unindicted co-conspirator 1” throughout, noting how the former president schemed to keep himself in office, and how those around him, even those who believed he lost, aided this effort.Some involved have claimed they signed on as an alternate slate of electors in case court decisions came down in Trump’s favor, so they would have a backup group that could be certified by Congress should Trump prevail.But, the indictment says, the defendants intended for these false votes to pressure former vice-president Mike Pence into rejecting the slate of accurate electors for Joe Biden during the electoral college vote-counting on 6 January 2021. Pence did not declare Trump the winner, use these fake electoral votes, or otherwise delay the official count.Arizona’s charges are the latest turn in the fake electors saga. Seven states saw similar schemes, but two states – New Mexico and Pennsylvania – hedged their language in their documents enough to prevent prosecution.Democratic attorneys general in Michigan and Nevada have indicted Republican fake electors in their respective states. In Georgia, three of 16 fake electors were indicted as part of a wide-ranging racketeering indictment against Trump and allies. The remaining were given immunity for helping in the district attorney’s investigation.In Wisconsin, the fake electors acknowledged Biden’s win as a way to settle a civil lawsuit over the issue.Mayes’ investigation fell behind other states because she narrowly won office in 2022, and her predecessor, Republican Mark Brnovich, had not pursued the line of inquiry. She had confirmed the investigation in early 2023.The investigation – along with a host of other disagreements – have put Mayes at odds with Arizona’s Republican-led legislature, which started a committee to investigate Mayes and her office over concerns she was working beyond her authority as attorney general.In a video on Wednesday, Mayes said the investigation was “thorough and professional” and would provide justice for the plot to overturn the state’s electoral votes.“I understand for some of you today didn’t come fast enough, and I know I’ll be criticized by others for conducting this investigation at all,” she said. “I will not allow American democracy to be undermined – it’s too important.”Hugo Lowell and Sam Levine contributed reporting More

The former congresswoman and co-chair of the House January 6 committee Liz Cheney is urging the US supreme court to rule quickly on Donald Trump’s claim that he has immunity from prosecution for acts he committed while president – so that his 2020 election interference trial can begin before the 2024 election this November.“If delay prevents this Trump case from being tried this year, the public may never hear critical and historic evidence developed before the grand jury, and our system may never hold the man most responsible for January 6 to account,” Cheney wrote in an opinion article for the New York Times, published on Monday.Trump faces four federal election subversion charges, arising from his attempt to overturn his defeat by Joe Biden in 2020, fueled by his lie about electoral fraud and culminating in the deadly attack on Congress by extremist supporters, urged on by the then president, on 6 January 2021.Cheney warned: “I know how Mr Trump’s delay tactics work,” adding: “Mr Trump believes he can threaten and intimidate judges and their families, assert baseless legal defenses and thereby avoid accountability altogether.”The special counsel Jack Smith, prosecuting the case against Trump, has urged the court to reject Trump’s immunity claim as “an unprecedented assault on the structure of our government”.Cheney, a Republican and the daughter of the former vice-president Dick Cheney, was ousted from her congressional seat, representing Wyoming, after she became one of the strongest voices from the GOP demanding Trump be held accountable for inciting and failing to stop the January 6 insurrection.She has since said she would prefer Democrats to win in the 2024 elections over members of her own party as it has become more extreme, because she feared the US was “sleepwalking into dictatorship” and that another Trump White House presented a tangible “threat” to American democracy.Cheney said in her New York Times article: “The special counsel’s indictment lays out Mr Trump’s detailed plan to overturn the 2020 election … [and that] senior advisers in the White House, Justice Department and elsewhere repeatedly warned that Mr Trump’s claims of election fraud were false and that his plans for January 6 were illegal.”She added: “If Mr Trump’s tactics prevent his January 6 trial from proceeding in the ordinary course, he will also have succeeded in concealing critical evidence from the American people – evidence demonstrating his disregard for the rule of law, his cruelty on January 6 and the deep flaws in character that make him unfit to serve as president. The Supreme Court should understand this reality and conclude without delay that no immunity applies here.”The court’s nine-member bench leans very conservative, especially after Trump nominated three rightwing justices while he was president. The court hears oral arguments in the immunity case on Thursday.Trump and his team urged the court to find that presidents have absolute immunity from criminal prosecution for official acts they take in office and therefore dismiss the federal criminal case. More

The voting equipment company Smartmatic has agreed to settle a defamation lawsuit with the far-right One America News Network (OAN) over lies broadcast on the network about the 2020 election.Erik Connolly, a lawyer for Smartmatic, confirmed the case had been settled, but said the details were confidential. Attorneys for Smartmatic and OAN notified a federal judge in Washington on Tuesday that they were agreeing to dismiss the case, which Smartmatic filed in 2021.Smartmatic sued OAN in November 2021, saying the relatively small company was a victim of OAN’s “decision to increase its viewership and influence by spreading disinformation”. Smartmatic was only involved in the 2020 election in a single US county, Los Angeles, but OAN repeatedly broadcast false claims that its equipment had flipped the election for Biden. Trump allies Rudy Giuliani and Sidney Powell played a key role in advancing the outlandish claims.Defamation cases are difficult to win in the US, with plaintiffs having to clear a high bar of showing that defendants knew the information was false and published it anyway. The settlement comes months after OAN lawyers apparently accidentally turned over documents showing that the network had obtained a spreadsheet with Smartmatic employees’ passwords. It’s not clear if the passwords were authentic, but Smartmatic lawyers said in court filings that the network may have committed a crime.The settlement also means that internal documents from OAN showing how the network weighed and evaluated claims about the 2020 election will not become public. Before the voting equipment company Dominion reached a $787.5m settlement with Fox last year, those kinds of internal documents offered smoking gun evidence that key personnel at Fox knew election claims were false.The settlement is the latest development in a series of defamation cases that have sought to hold media outlets accountable for spreading false information about the 2020 election. In 2022, OAN settled a defamation case brought by Ruby Freeman and Shaye Moss, two Atlanta election workers it falsely claimed were involved in stealing the election. The network issued an on-air report saying there was “no widespread voter fraud” by Georgia election officials and clarifying that Freeman and Moss “did not engage in ballot fraud or criminal misconduct”.Smartmatic still has a pending $2.7bn defamation lawsuit against Fox.Earlier this month, a Delaware judge set a September trial date for Smartmatic’s defamation case against Newsmax. Both Smartmatic and Dominion also have ongoing defamation cases against Powell, Giuliani and Mike Lindell.skip past newsletter promotionafter newsletter promotionLegal scholars are carefully watching the cases to see whether defamation law can be an effective tool in curbing misinformation. More

Donald Trump was seen arriving in court on Monday in his criminal trial involving the adult film actor Stormy Daniels and the former Playboy model Karen McDougal. Trump, the first former US president to face a criminal trial, is accused of paying Daniels and McDougal to cover up alleged extramarital liaisons that could have damaged his candidacy in the 2016 election. The trial is scheduled to start this morning, with jury selection in Manhattan supreme court More

Two far-right conspiracy theorists will pay up to $1.25m in fines for launching a robocall campaign to discourage Black New York voters from participating in the 2020 election, the New York attorney general announced on Tuesday.Jacob Wohl, of Irvine, California, and Jack Burkman, of Arlington, Virginia, were found liable in March 2023 for targeting about 5,500 Black voters as part of the robocall scheme.Under the latest settlement agreement, Wohl and Burkman will pay more than $1m to the New York attorney general’s office, the National Coalition on Black Civic Participation (NCBCP) and individuals harmed in the robocall campaign.The three parties filed a lawsuit against Wohl and Burkman in 2021 after an investigation by the attorney general’s office found that the pair had broken several state and federal laws.In New York, callers were falsely told that their personal information would be added to a public database and used by police departments to track outstanding warrants or for mandatory Covid-19 vaccinations.One call claimed to come from a spokesperson for a “civil rights organization” founded by Wohl and Burkman, according to a script shared in the press release.“Mail-in voting sounds great, but did you know that if you vote by mail, your personal information will be part of a public database that will be used by police departments to track down old warrants and be used by credit card companies to collect outstanding debts? The CDC is even pushing to use records for mail-in voting to track people for mandatory vaccines,” the call said.The call then warned that voters should not be “finessed into giving your private information to the man” and should “beware of vote by mail”.One voter suffered “severe anxiety and distress” from the robocalls and later withdrew his voter registration, the press release said.To address the robocalls’ false claims, NCBCP used “considerable resources” to reach misinformed voters.In Tuesday’s release, the New York attorney general, Letitia James, called the robocall scheme “depraved”.“Wohl and Burkman orchestrated a depraved and disinformation-ridden campaign to intimidate Black voters in an attempt to sway the election in favor of their preferred candidate,” James said.“These men engaged in a conspiracy to suppress Black votes in the 2020 general election,” said the NCBCP president, Melanie Campbell, in Tuesday’s press release. “They used intimidation and scare tactics, attempting to spread harmful disinformation about voting in an effort to silence Black voices. Their conduct cannot and will not be toleratedThe settlement agreement is the latest punishment for Wohl and Burkman, who ran similar schemes in at least two other states.Wohl and Burkman were previously ordered to complete 500 hours of registering voters in lower income neighborhoods by an Ohio judge after pleading guilty to charges in connection to a similar robocall campaign.Wohl and Burkman also face additional charges in Michigan, CNN reported. More

Several January 6 rioters have won early release from their sentences ahead of a key supreme court review of the legality of a specific federal charge against them – a review that could, in turn, see them ordered to return to prison.A decision on the legal issue, which revolves around how January 6 prosecutors distinguished between conduct qualifying as “obstructing an official proceeding” of Congress and misdemeanor offenses, including shouting to interrupt a congressional hearing, is not expected until the summer, according to the Washington Post.The decision could impact convictions and sentences passed on more than 350 January 6 defendants if the supreme court decides that prosecutors misused criminal statutes to obtain the convictions.Three men have already been granted early releases, according to the Post.They include a Delaware man who carried a Confederate flag into the Capitol and was released one year into a three-year term; a Ohio man who broke through police lines to become one of the first rioters to enter the building, released six months into a 19-month sentence; and a man who entered the Senate chamber draped in a Trump flag, who was freed after serving five months of a 14-month sentence.The law that prosecutors used to charge the men was passed after the collapse of energy trading firm Enron in 2001 and crafted to limit accounting corruption. But the charge was used to prosecute some January 6 rioters in place of charging sedition or insurrection violations.The legality of using the obstruction charge has mostly been upheld by January 6 trial judges, but two judges, one Trump-appointed, have argued that it applies only to tampering or destruction of evidence.In 2021, one of those federal judges, Randolph Moss, said the government could face a “constitutional vagueness problem” if it could not articulate to the courts how the charge distinguished between obstruction of Congress and ordinary trespassing.If the supreme court decides the obstruction charge was not suitable for the January 6 rioters, the decision could also affect the election interference case against Donald Trump.Retired US district judge Thomas F Hogan, who passed sentence on 26 January 6 defendants, told Georgetown law school students earlier this year that if the supreme court rejects the use of the law it “would have a devastating effect on the prosecution side” of January 6 prosecutions that didn’t involve violence.skip past newsletter promotionafter newsletter promotionAmong those who could see their convictions overturned by the supreme court is Jacob Chansley, known as the “QAnon shaman” and wore a horned headdress, who was charged under the law. Other include members of the far-right Oath Keepers and Proud Boys extremist groups.Prosecutors have urged judges to delay releasing the men charged only under the contested obstruction law pending the supreme court appeal, arguing in one case that doing so into another presidential election, “would be releasing defendant into the same political maelstrom that led him to commit his crimes in the first place”. More

The Arizona governor, Katie Hobbs, a Democrat, called for an Arizona supreme court ruling to be repealed that permits enforcement of an 1864 law banning almost all abortions. Speaking at a press conference the governor said: ‘The near total civil war-era ban that continues to hang over our heads only serves to create more chaos for women and doctors in our state.’ First passed when Arizona was still a territory, the ban only permits abortions to save a patient’s life and does not make exceptions for rape or incest More

The special counsel pursuing federal criminal charges against Donald Trump for his efforts to overturn his 2020 election loss filed a US supreme court brief on Monday urging the justices to reject the former president’s bid for immunity from prosecution on the principle that “no person is above the law”.The case is due to be argued before the justices on 25 April. Trump has appealed a lower court’s rejection of his request to be shielded from the criminal case brought by special counsel Jack Smith because he was serving as president when he took the actions at the center of the case.In his last filing before the arguments, Smith told the justices that Trump’s actions that led to the charges, if he is convicted, would represent “an unprecedented assault on the structure of our government”.“The effective functioning of the presidency does not require that a former president be immune from accountability for these alleged violations of federal criminal law,” Smith wrote. “To the contrary, a bedrock principle of our constitutional order is that no person is above the law including the president.“Trump, the first former president to be criminally prosecuted, has pleaded not guilty in this case and the three other criminal cases he faces, seeking to paint them as politically motivated.He has argued that a former president has “absolute immunity from criminal prosecution for his official acts,” and warned that without such immunity, “the threat of future prosecution and imprisonment would become a political cudgel to influence the most sensitive and controversial presidential decisions”.In August 2023, Smith brought four federal criminal counts against Trump in the election subversion case, including conspiring to defraud the United States, obstructing the congressional certification of Biden’s electoral victory and conspiring to do so, and conspiring against right of Americans to vote.Smith’s view was backed on Monday by a group of 19 retired four-star US military officers and other former high-ranking national security officials, including retired army generals Peter Chiarelli and George Casey, former CIA director Michael Hayden and former Navy secretary Ray Mabus. In a friend-of-court brief, they called Trump’s claim of presidential immunity “contrary to the foundational principles of our democracy.““Unless [Trump’s] theory is rejected, we risk jeopardizing America’s standing as a guardian of democracy in the world and further feeding the spread of authoritarianism, thereby threatening the national security of the United States and democracies around the world,” the former officials told the justices.skip past newsletter promotionafter newsletter promotionThe supreme court’s decision to hear arguments on Trump’s immunity bid in late April postponed his trial, giving Trump a boost as he tries to delay prosecutions while running to regain the presidency.Trump last October sought to have the charges dismissed based on his claim of immunity. US district judge Tanya Chutkan rejected that claim in December. On appeal, the US court of appeals for the District of Columbia circuit on 6 February ruled 3-0 against Trump’s claim.Trump and his allies made false claims that the 2020 election was stolen and devised a plan to use false electors to thwart congressional certification of Joe Biden’s victory. Trump also sought to pressure then vice-president Mike Pence not to allow certification to go forward. Trump’s supporters attacked the Capitol on 6 January 2021, in a bid to prevent the certification. More