Arizona Judge Greenlights Anti-SLAPP Challenge in Controversial Alternate Electors Case

In a significant legal development, a Maricopa County Judge has ruled that the charges against 16 Republicans related to the creation of an alternate Electoral College slate during the 2020 presidential election may be dismissed. Judge Sam Myers reached this conclusion, suggesting potential political motivations behind the actions of Arizona’s Attorney General Kris Mayes.

The ruling stems from the defendants’ argument that their actions could be seen as lawful speech, protected under Arizona’s Anti-SLAPP law. This statute is specifically designed to safeguard free speech from retaliatory legal actions. Judge Myers highlighted that the Attorney General’s comment, “this should never happen again,” could suggest a bias in the prosecution, raising questions regarding the intent behind the charges.

Prosecutors, led by Mayes, now have a 45-day window to respond to the ruling and must demonstrate that their charges are rooted in established law rather than an attempt to suppress free speech. Once the response is submitted, Myers will evaluate the situation before making his final decision. Mayes has publicly stated her intention to appeal, arguing that filing forged slates of electors cannot be considered lawful free speech.

The case involves notable figures, including former Arizona GOP Chair Dr. Kelli Ward, attorneys like Rudy Giuliani and John Eastman, and other prominent political operatives. The legal proceedings have garnered national attention, given their implications for political accountability in electoral processes.

After the ruling, John Eastman took to social media to express that significant evidence exists to support the claim that the prosecution aimed to deter the defendants’ First Amendment rights. Similarly, Kelli Ward indicated that the defense’s arguments were deemed credible enough by the court to advance to the next stage of the legal process.

This ruling could set a precedent affecting future legal actions tied to political speech and electoral challenges. As the situation unfolds, both sides await the next steps in what promises to be a contentious legal battle.

Matthew Holloway is a senior reporter for AZ Free News.