DOJ Withholds Trump Probe Files, Undermining Arizona AG’s Fake Electors Case

The U.S. Department of Justice (DOJ) did not provide Arizona Attorney General Kris Mayes with its investigation findings related to President Donald Trump’s 2020 election interference attempts prior to his second inauguration on January 20.

Mayes reached out to the DOJ for the case file from special counsel Jack Smith’s investigation on two occasions. Her last request came just one week before Trump was sworn in again. According to a statement from Mayes’ spokesman, Richie Taylor, the DOJ has yet to supply the Attorney General’s Office with the relevant information.

In her letter dated January 12, Mayes argued that the DOJ’s investigation contents would “undoubtedly” aid her office in prosecuting the 18 individuals indicted in Arizona’s “fake elector” scheme. This indictment followed Democrat Joe Biden’s narrow victory in Arizona, where he won by approximately 10,000 votes.

The DOJ had previously withdrawn its case against Trump concerning allegations of election interference after he was declared the winner in the November 2020 election. In April, the Arizona grand jury’s indictment detailed the involvement of 18 individuals in efforts to undermine the electoral process.

Previously, Mayes had asked the DOJ to share its documents related to the election interference case, but Smith had indicated he was not prepared to do so at that time. Mayes’ second request came after the DOJ dismissed its case and publicly announced Smith’s report. Notably, Smith resigned shortly after submitting this report, ahead of Trump’s inauguration.

Among those indicted in Arizona are all 11 fake electors, who falsely claimed that Trump had won the election under what they alleged was the direction of the Trump campaign. Some Trump campaign members and White House staffers were also named in the indictments.

“Today, my office has one of the only remaining cases that include charges against national actors,” Mayes noted in her letter. She emphasized the need for accountability in the face of efforts to “subvert democracy” during the 2020 election cycle.

Mayes indicated that obtaining Smith’s file was crucial, stating it would ensure her office had all relevant incriminating and exculpatory evidence. She has called for full disclosure of Smith’s investigation, including the final report.

When asked how the lack of DOJ information might affect the case against the fake electors, Taylor directed inquiries back to Mayes’ request letter.

The 11 fake electors indicted in the Arizona case include:

• Kelli Ward, former Arizona GOP chairman
• Arizona Sen. Jake Hoffman, leader of the Arizona Freedom Caucus
• Arizona Sen. Anthony Kern, member of the Arizona Freedom Caucus
• Tyler Bowyer, Turning Point USA CEO
• Michael Ward, spouse of Kelli Ward
• Nancy Cottle, a local Republican political activist
• James Lamon, who previously campaigned for a U.S. Senate seat
• Robert Montgomery, ex-chairman of the Cochise County Republican Committee
• Samuel Moorhead, former chair of the Gila County Republican Party
• Lorraine Pellegrino, former president of the Ahwatukee Republican Women
• Gregory Safsten, former executive director of the Arizona GOP

Indicted former Trump staffers and campaign members include:

• Rudy Giuliani, Trump’s attorney and key figure in the election overturn efforts
• Mark Meadows, Trump’s former chief of staff
• Christina Bobb, senior counsel for election integrity, accused of making false election fraud claims
• John Eastman, a disbarred former Trump lawyer
• Boris Epshteyn, Trump’s former aide and current advisor
• Jenna Ellis, former Trump campaign attorney who pleaded guilty to election-related misconduct
• Michael Roman, another former campaign aide indicted in a related Georgia case