Rudy Giuliani still isn't named in Arizona fake electors indictment. What's the holdup?

A key Donald Trump aide has yet to be formally notified he is named in a blockbuster grand jury indictment charging 18 Arizonans and allies of the former president in a plot to stand in the way of Joe Biden's 2020 White House win.

Rudy Giuliani's name has not yet been formally revealed on the indictment made public over a week ago, as he hasn't gotten notice of the charges against him. Another aide, former Trump chief of staff Mark Meadows, was served this week and faces nine counts, according to Richie Taylor, a spokesperson for Arizona Attorney General Kris Mayes. Taylor said the office was attempting to serve the final defendant.

Mayes, a Democrat, announced the indictment on April 24, with several names redacted on the official charging document. Still, their identities have been known publicly because of details that were included in the 58-page document.

Giuliani, the former mayor of New York City and Donald Trump's lawyer, is facing mounting legal issues. He filed for bankruptcy late last year after a judge ordered him to pay $148 million for defaming two Georgia election workers. He is appealing that decision. Giuliani has pleaded not guilty in a similar case involving the 2020 election in Georgia, and is also facing possible loss of his license to practice law in Washington, D.C.

The Arizona charges adds another legal matter to that roster. The case is in the earliest chapter of what could be a months if not years-long journey through the criminal justice system, one that will continue as Trump makes a bid to return to the White House and at least two people facing charges make their own pitches to Arizona voters.

Lawyers representing the other people charged in the sweeping case have begun formulating their potential defense. The bulk of the defendants are 11 Arizona Republicans who falsely claimed on paperwork sent to Congress and elsewhere that they were "duly elected and qualified" — and the state's votes in the Electoral College should go to Trump. They are often called fake electors for their role.

In fact, by a 10,457 vote majority, Arizonans elected Biden nearly four years ago, meaning the only legitimate electors were his.

What's next in the fake electors case?

Dennis Wilenchik, who is representing Jim Lamon, one of the false electors, said his client will plead not guilty at an initial court appearance that will happen in coming weeks. Lamon is a businessman and GOP donor who unsuccessfully ran for U.S. Senate in 2022. He was one of the 11 who signed the documents claiming Trump won.

A initial appearance date of May 21 could be rescheduled and the new date had not yet been confirmed, Wilenchik said. Per an agreement with the Attorney General's Office, Lamon will remain out of custody and not post bond, Wilenchik said. Taylor, the spokesperson for Mayes, said that is standard in cases where a defendant is not at risk of endangering the public or fleeing.

What comes next in Lamon's defense could include several options under consideration, Wilenchik said.

The Recount: Will the charges stick for Arizona's indicted fake electors?

He will seek a copy of the grand jury transcript, and "probably" make a case the indictment should be dismissed or file a motion that the grand jury should reconsider its findings related to Lamon's role, Wilenchik said. He said in an email the indictment "cannot be proven and does not state any crime as to his actual involvement."

Lawyers not directly involved in the case have previously told The Arizona Republic that proving the intent of the electors could be key to Mayes' case.

Wilenchik is considering filing a request to dismiss the case under Arizona's anti-SLAPP law. SLAPP stands for "strategic lawsuit against public participation." The law creates a framework for cases to be quickly dismissed if a defendant can prove the case was substantially motivated by retaliation because they exercised a constitutional right.

Wilenchik said he would look into filing a motion to dismiss under that law, saying the indictment was meant to infringe on Lamon's First Amendment rights to free speech and assembly, and petition government.

Each person publicly named in the case is charged with nine counts, including conspiracy, fraud and forgery. Convictions could warrant prison time, though Arizona law also allows probation terms in some circumstances.

Three days after the indictment became public, hundreds of Republican party officials gathered and selected one of those defendants to serve on the Republican National Committee. The vote elevating Sen. Jake Hoffman, R-Queen Creek, to a national role could signal how the indictments are viewed by the GOP base in a crucial election year.

Hoffman is also running for another two-year term in the state Senate.

Will it hurt or help? An indicted fake elector is running for Congress in an Arizona GOP district

In addition to Lamon and Hoffman, the other Arizonans facing charges are: Tyler Bowyer, an executive with Turning Point USA and a committeeman for the Republican National Committee; Nancy Cottle, who chaired the Arizona Trump electors; Anthony Kern, now a state senator; Robert Montgomery of the Cochise County Republican Committee; Samuel Moorhead of the Gila County Republican Party; Loraine Pellegrino, the secretary of the Arizona Trump electors; Greg Safsten, former executive director of the Arizona Republican Party; Kelli Ward, the state GOP chair at the time; and Michael Ward, her husband and a GOP activist.

Nearly all of them, either individually or through their lawyers, have alleged the indictment was a result of a political prosecution under Mayes' direction.

The Trump aides charged include Giuliani and Meadows and lawyers John Eastman, Jenna Ellis and Christina Bobb, and advisers Boris Epshteyn and Michael Roman.

Reach reporter Stacey Barchenger at [email protected] or 480-416-5669.

This article originally appeared on Arizona Republic: Arizona fake electors: Rudy Giuliani not yet named in indictment