An Arizona judge dealt a blow to the criminal case against a group of Republicans who served as fake electors after the 2020 election.
Maricopa County Superior Court judge Sam J. Myers ordered state prosecutors to send the case back to a grand jury after finding that prosecutors had failed to provide grand jurors with the text of the Electoral Count Act, which is central to the Republicans' defense, reported the Washington Post.
“We are extremely pleased with the court’s ruling, and we think the judge got it exactly right,” said attorney Stephen Binhak, who filed the motion to send the case back to a grand jury on behalf of Turning Point Action executive Tyler Bowyer.
The judge's ruling will require Arizona attorney general Kris Mayes, a Democrat, to assemble a grand jury to present the case, in addition to providing a copy of the 1887 federal law, and her office stated that she intends to appeal the decision.
“We vehemently disagree with the court, and we will file a special action to appeal the ruling,” said Mayes spokesperson Richie Taylor.
The first grand jury indicted 18 allies of Donald Trump as part of his wide-ranging effort to overturn Joe Biden's election win, and those defendants included White House chief of staff Mark Meadows, attorneys Rudy Giuliani, John Eastman and Christina Bobb, top campaign adviser Boris Epshteyn and former campaign aide Mike Roman.
Some of those individuals were charged in similar cases with others in Georgia, Michigan, Nevada and Wisconsin, but a former prosecutor said Myers' ruling could likely end the Arizona case.
“In that regard, it is a successful ploy by defense attorneys,” said former U.S. attorney Paul Charlton. “Delay is one of the most effective defenses available.”