So-called fake electors notch court win in bid to have charges tossed: report
An Arizona judge handed a court victory to the so-called fake electors in their bid to have charges against them dismissed.
The Republican defendants were charged with fraud and other felonies for signing and submitting a document that falsely stated Donald Trump had won the state's election over Joe Biden, but Maricopa County Superior Court judge Sam Myers ruled Monday that they could proceed with a motion arguing the case violates Arizona's anti-SLAPP law, reported KJZZ-FM.
“The court finds that the defendant's motions do include information that the charges in this case include, at least in part, some arguably lawful exercise of their rights of petition and speech,” Myers wrote. “Defendant's motions also include information that the attorney general has made statements in the past, suggesting that what happened in this case should never happen again, which they argue shows a desire to deter the actions that were alleged in this case.”
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The law, which had previously only been applied to civil cases, states that defendants can seek a dismissal if they can prove “the legal action was substantially motivated by a desire to deter, retaliate against or prevent the lawful exercise of a constitutional right.”
Myers said his ruling was "step one" in a process for considering the motion filed under the expanded anti-SLAPP law, and he gave Democratic attorney general Kris Mayes's office 45 days to respond.
“In this step two, the state will have the opportunity to show that the charges are justified by clearly established law and that the Attorney General did not act in order to deter, prevent or retaliate against the moving parties defendants exercise of their constitutional rights,” Myers said.
Mayes said his team disagrees with Myers' ruling and intends to appeal.
"It is not the lawful exercise of free speech to file forged slates of electors to deprive Arizona voters of their right to vote," Mayes said in a statement.

