PHOENIX — Attorneys representing Republicans accused of scheming to overturn the results of the 2020 presidential race in Arizona argued Tuesday that prosecutors were politically motivated in seeking a grand jury indictment against their clients.
Their charges came on the a second day of a hearing as Maricopa County Superior Court Judge Bruce Cohen considers requests from at least a dozen of the 18 people indicted in the case to dismiss charges of fraud, conspiracy and forgery. Cohen said he'll rule separately on each motion — potentially at different times — after hearing from the prosecution Wednesday.
Defense lawyers argued that Democratic state Attorney General Kris Mayes tried to use the indictment to silence their clients' constitutionally protected speech about the 2020 election and actions taken in response to its outcome. President Joe Biden won Arizona by 10,457 votes.
They said Mayes campaigned on investigating fake electors and showed a bias against former President Donald Trump and his supporters.
''Why you would bring this action in 2024 reeks, reeks of political vengeance and retribution,'' said Dennis Wilenchik, an attorney for James Lamon, who signed a statement claiming Trump had won Arizona.
Prosecutors say the defendants don't have evidence to back up their retaliation claim.
''This case was indicted after a lengthy, multimonth grand jury presentation by members of the defendants' peers from across the state,'' lead prosecutor Nicholas Klingerman said outside court Tuesday. ''That grand jury was independent and made its own decision to indict this case.''
Defense attorneys broadly cited an Arizona law that bars using baseless legal actions in a bid to silence critics. The law had long offered protections in civil cases but was amended in 2022 by the Republican-led Legislature to cover people facing most criminal charges.
