PHOENIX (CN) — Arizona dropped election subversion charges against former Donald Trump attorney Jenna Ellis in exchange for her cooperation in prosecuting the remaining 17 defendants.
Ellis will waive her Fifth Amendment privilege and likely testify against fellow Republican leaders if the case goes to trial.
“We are grateful the Arizona Attorney General’s Office completely dismissed the indictment against Jenna Ellis, as she was not involved in the so-called ‘fake elector’ scheme,” Ellis’ attorneys said in a written statement. Jenna was originally told she was not a target and her cooperation is her continued willingness to tell the truth.”
Ellis was indicted in April alongside other Trump attorneys like Rudy Giuliani, John Eastman and Christina Bobb, state Senators Jake Hoffman and Anthony Kern, and others on nine felony counts of fraud, forgery and conspiracy for their involvement in a larger plot to overturn the 2020 presidential election in Trump’s favor.
Eleven Republican-nominated electors convened at Arizona GOP headquarters in Phoenix one month after the 2020 election to sign a fraudulent certificate handing Arizona’s electoral votes to Trump, at the behest of other Trump, his allies and other Republican leaders, according to the indictment. The signers identified themselves as certified state electors, even though state officials already certified the Democratic Party's nominations as the rightful electors after the Democratic ticket won the popular vote.
Discussions to use Republican electors to change the election outcome began as early as Nov. 4, 2020, according to the indictment, which details memos drafted by the Trump administration that advocate for Georgia, North Carolina and Pennsylvania to “send their own electors to vote and have it go to the SCOTUS.”
Texts from Trump suggest that states should have refused to seat Democrat electors, regardless of the election outcome. Attorneys for Trump eventually decided that the strategy was “legally unsound,” but Trump’s campaign continued to fight anyway.
Ellis was present for a Dec. 1, 2020, legislative committee meeting put together at the request of Giuliani, who told lawmakers he had proof the election was stolen but never produced it, according to the indictment. Ellis spread unproven claims of fraud in five states and encouraged the Arizona Legislature to overturn the results, and encouraged Pence to accept the false Republican votes on Jan. 6, 2021.
"This agreement represents a significant step forward in our case," Arizona Attorney General Kris Mayes said in a press release. "I am grateful to Ms. Ellis for her cooperation with our investigation and prosecution. Her insights are invaluable and will greatly aid the state in proving its case in court. As I stated when the initial charges were announced, I will not allow American democracy to be undermined — it is far too important. Today’s announcement is a win for the rule of law."
Ellis pleaded not guilty at her June arraignment, and provided no comment to the court or reporters afterward. State prosecutor Nicholas Klingerman said then that he expected some plea deals to be made.
Ellis’ deal is not a guilty plea. While she waives her right to a preliminary hearing, the nine counts will not be charged against her so long as she cooperates with the attorney general’s prosecution and continued investigation. The attorney general doesn’t have to accept Ellis’ cooperation, and may withdraw the deal to refile charges at any time.
The next hearing in the case is Aug. 26, when oral arguments will be held as to whether defendants have met their burden of proof for pending anti-SLAPP motions and other motions to dismiss.
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