Arizona fake electors, Trump aides plead not guilty in Maricopa County court
Nine Arizona Republicans and two Trump aides pleaded not guilty in a Maricopa County court on Tuesday to criminal charges stemming from a plan to keep Donald Trump in the White House by falsely certifying he won the state in 2020.
Stuart Green, who is retired and lives north of Sedona, said he drove two and a half hours to witness the proceedings.
"I wanted to see the faces of the people who tried to end our democracy," Green said.
Former Trump lawyer Rudy Giuliani, who evaded and taunted prosecutors for weeks as they attempted to serve his court summons, was ordered to post a $10,000 bail bond and come to Arizona for booking within 30 days. So far, Giuliani is the only defendant ordered to post a bond to ensure their continued appearance in court.
"Quite frankly, he has been mocking the justice system in Arizona," said prosecutor Nick Klingerman of Giuliani after the hearing.
Eighteen people were indicted by a grand jury in April in connection with a plan for Arizona's Republican electors to pretend Trump won the state's popular vote. All face nine felony counts, including conspiracy, forgery and fraud. If convicted, they could face time in prison. But state law allows for less severe penalties, including probation, depending on a defendant's circumstances, like past criminal history.
In addition to Giuliani, former Trump campaign lawyer Christina Bobb and fake electors Tyler Bowyer, Nancy Cottle, Anthony Kern, Robert Montgomery, Samuel Moorhead, Loraine Pellegrino, Gregory Safsten, Kelli Ward and Michael Ward pleaded not guilty on Tuesday.
Most of the defendants chose not to discuss the case outside the courtroom. But attorney Brad Miller said his clients, the Wards, were part of a legitimate slate of electors and that they committed no crime. He would be asking for the grand jury transcript, he said.
“If there were problems with the grand jury transcript, we have an opportunity to remand that ... and get a fair and impartial grand jury,” Miller said.
Miller also said prosecutors have not yet clearly stated what the pair had done that was criminal under state law.
“They haven’t been charged with the crime of alleging that the election was stolen,” said Miller, arguing the government has not been specific enough about what actions constituted forgery or fraud. “We want to make sure that the facts of the allegations match the crime.”
In response, Klingerman, the criminal division chief in the Arizona Attorney General's Office, said the indictment clearly states the allegations.
The Attorney General's Office released an unredacted version of the indictment on Monday, over three weeks after its initial release blocked the names of defendants who had not yet been served with a notice of the charges against them. The unredacted indictment was released after Giuliani was the final defendant served. He got his summons on Friday night in Florida after a party to celebrate his upcoming 80th birthday.
The arraignment marks one of the earliest steps in the criminal justice process, where a defendant enters a plea to their charges. Most of the 11 people arraigned Tuesday morning appeared in person, though four attended virtually or by phone. The judicial officer who heard the defendants' pleas will not be the trial judge hearing the fake electors case. That assignment will occur later.
On Friday, former Trump lawyer John Eastman was the first defendant to be arraigned. He entered a plea of not guilty. After the hearing, he said he would fight the case against him at trial.
The remaining defendants were expected to be arraigned in the coming weeks. Though the trial has been scheduled for October, the start date is likely to move. Klingerman said the arraignment was the start of a long process, and the Attorney General's Office was still investigating the case. "We’re taking this case seriously and professionally, and whatever timeline the court puts out, we’re going to adhere to," he said.
Before the arraignment began, roughly 20 people gathered outside the downtown Phoenix courthouse to express their support for the defendants. As defendants passed by on their way into the building, people shouted their support, including yelling "hero."
"We are here today on a very dark day in Arizona and in our nation," said the group's leader, Merissa Hamilton.
Who are the fake electors and Trump aides arraigned Tuesday?
Christina Bobb, Trump aide: Lawyer for the Trump campaign who, according to the indictment, worked closely with Giuliani. She lobbied Arizona's GOP legislators after the 2020 election to ignore the presidential race outcome in the state and helped organize the fake elector voting on Dec. 14, 2020, the indictment states. After her arraignment, she called the charges against her unfair.
Tyler Bowyer, fake elector: An executive with Turning Point USA and Republican National Committee member. Bowyer told The Republic in 2022 about the fake elector plan, saying he didn't know "all the details and facts" but confirming he was an elector for the state GOP.
Nancy Cottle, fake elector: Chairperson of the Arizona Trump electors. Cottle has served on the Arizona GOP executive committee and the Maricopa County Republican Committee. She was subpoenaed by the House Select Committee investigating the riot at the U.S. Capitol on Jan. 6, 2021.
Rudy Giuliani, Trump aide: Former Trump lawyer and former mayor of New York City. In Arizona after the 2020 election, according to the indictment, Giuliani spread misinformation about election fraud, pressured elected officials to change the outcome of the election, and held an event in downtown Phoenix where he said Arizona election officials had not tried to determine whether the election results were accurate. The indictment also states he encouraged Republican electors in Arizona and six other states to declare Trump the winner.
Anthony Kern, fake elector: A state senator from Glendale who was outside the U.S. Capitol on Jan. 6, 2021, when it was breached by rioters. An avid Trump supporter, Kern has dismissed questions about the electors' case and said he did not need a lawyer (though he now has one in the case). In March, he called the investigation a "weaponization of our government" that he said was motivated by an attempt to bankrupt him and keep him from Congress. He's running in a crowded Republican primary for Congressional District 8.
Robert Montgomery, fake elector: A former head of the Cochise County Republican Committee. He has supported hand-counting ballots and pushed county leaders to ignore warnings about that error-prone process before the 2022 election.
Samuel Moorhead, fake elector: Former second vice chair of the Gila County Republican Party, which was a ranking but not top position.
Loraine Pellegrino, fake elector: Secretary for the Arizona Trump electors, Pellegrino has a long history of leadership in state GOP politics. The House Select Committee investigating the Jan. 6, 2021, riot at the U.S. Capitol subpoenaed her. In January 2022, she said the electors offered a contingency plan in case the election results were overturned.
Gregory Safsten, fake elector: Former executive director of the Arizona GOP, a position he held when he acted as a Trump elector in December 2020.
Kelli Ward, fake elector: A former chair of the Arizona GOP, Ward organized the Dec. 14, 2020, signing of the fake electors. She sat at the head of the table while a signing video was filmed and boasted about the moment on Twitter, The Republic reported. She helped promote election conspiracies, helped Trump aides in their efforts to pressure Arizona's GOP leaders and filed multiple lawsuits trying to overturn Trump's loss in 2020.
Michael Ward, fake elector: A well-known GOP activist, Ward was subpoenaed by the U.S. Department of Justice in its investigation of Trump's election interference. He is married to Kelli Ward.
The Republic's Stacey Barchenger contributed to this article.
Elena Santa Cruz, Miguel Torres and Jimmy Jenkins are justice reporters for The Republic.
This article originally appeared on Arizona Republic: Fake electors, Trump aides plead not guilty in Maricopa County court