Arizona prosecutors ordered to send fake elector case back to grand jury

Arizona prosecutors pressing the case against Republicans who are accused of trying to overturn the 2020 election results in President Donald Trump’s favor were dealt a setback when a judge ordered the case be sent back to a grand jury. Arizona’s fake elector case remains alive after Friday’s ruling by Maricopa County Superior Court Judge Sam Myers, but it’s being sent back to the grand jurors to determine whether there’s probable cause that the defendants committed the crimes. The decision, first reported by the Washington Post, centered on the Electoral Count Act, a law that governs the certification of a presidential contest and was part of the defendants’ claims they were acting lawfully. While the law was discussed when the case was presented to the grand jury and the panel asked a witness about the law’s requirements, prosecutors didn’t show the statute’s language to the grand jury, Myers wrote. The judge said a prosecutor has a duty to tell grand jurors all the applicable law and concluded the defendants were denied “a substantial procedural right as guaranteed by Arizona law.” Richie Taylor, a spokesperson for Arizona Attorney General Kris Mayes, a Democrat whose office is pressing the case in court, said in a statement that prosecutors will appeal the decision. “We vehemently disagree with the court,” Taylor said. Mel McDonald, a former county judge in metro Phoenix and former U.S. Attorney for Arizona, said courts send cases back to grand juries when prosecutors present misleading or incomplete evidence or didn’t properly instruct panel members on the law. “They get granted at times. It’s not often,” said McDonald, who isn’t involved in the case. In all, 18 Republicans were charged with forgery, fraud and conspiracy. The defendants consist of 11 Republicans who submitted a document falsely claiming Trump won Arizona, two former Trump aides and five lawyers connected to the former president, including Rudy Giuliani. Two defendants have already resolved their cases, while the others have pleaded not guilty to the charges. Trump wasn’t charged in Arizona, but the indictment refers to him as an unindicted coconspirator. Most of the defendants in the case also are trying to get a court to dismiss their charges under an Arizona law that bars using baseless legal actions in a bid to silence critics. They argued Mayes tried to use the charges to silence them for their constitutionally protected speech about the 2020 election and actions taken in response to the race’s outcome. Prosecutors said the defendants didn’t have evidence to back up their retaliation claim and that they crossed the line from protected speech to fraud. Eleven people who had been nominated to be Arizona’s Republican electors met in Phoenix on Dec. 14, 2020, to sign a certificate saying they were “duly elected and qualified” electors and claimed Trump had carried the state in the 2020 election. President Joe Biden won Arizona by 10,457 votes. A one-minute video of the signing ceremony was posted on social media by the Arizona Republican Party at the time. The document later was sent to Congress and the National Archives, where it was ignored. Prosecutors in Michigan, Nevada, Georgia and Wisconsin have also filed criminal charges related to the fake electors scheme.

Court allows Trump ban on transgender military members to take effect

The Supreme Court on Tuesday allowed President Donald Trump’s administration to enforce a ban on transgender people in the military, while legal challenges proceed. The court acted in the dispute over a policy that presumptively disqualifies transgender people from military service and could lead to the expulsion of experienced, decorated officers. The court’s three liberal justices said they would have kept the policy on hold. Neither the justices in the majority or dissent explained their votes, which is not uncommon in emergency appeals. Just after beginning his second term in January, Trump moved aggressively to roll back the rights of transgender people. Among the Republican president’s actions was an executive order that claims the sexual identity of transgender service members “conflicts with a soldier’s commitment to an honorable, truthful, and disciplined lifestyle, even in one’s personal life” and is harmful to military readiness. In response, Defense Secretary Pete Hegseth issued a policy in February that gave the military services 30 days to figure out how they would seek out and identify transgender service members to remove them from the force. Those actions had been stalled by the lawsuits. “No More Trans @ DoD,” Hegseth wrote in a post on X following Tuesday’s Supreme Court order. Earlier in the day, before the court acted, Hegseth said that his department is leaving wokeness and weakness behind. “No more pronouns,” he told a special operations forces conference in Tampa. “No more dudes in dresses. We’re done with that s—-.” The Defense Department said Tuesday that officials are currently determining the next steps, but officials were not aware of any actions being taken right away. Three federal judges had ruled against the ban. In the case the justices acted on Tuesday, U.S. District Court Judge Benjamin Settle in Tacoma, Washington, had ruled for seven long-serving transgender military members who say that the ban is insulting and discriminatory and that their firing would cause lasting damage to their careers and reputations. A prospective service member also sued. The individual service members who challenged the ban together have amassed more than 70 medals in 115 years of service, their lawyers wrote. The lead plaintiff is Emily Shilling, a Navy commander with nearly 20 years of service, including as a combat pilot who flew 60 missions in the Iraq and Afghanistan wars. The Trump administration offered no explanation as to why transgender troops, who have been able to serve openly over the past four years with no evidence of problems, should suddenly be banned, Settle wrote. The judge is an appointee of Republican President George W. Bush and is a former captain in the U.S. Army Judge Advocate General Corps. Settle imposed a nationwide hold on the policy and a federal appeals court rejected the administration’s emergency plea. The Justice Department then turned to the Supreme Court. The policy also has been blocked by a federal judge in the nation’s capital, but that ruling has been temporarily halted by a federal appeals court, which heard arguments last month. The three-judge panel, which includes two judges appointed by Trump during his first term, appeared to be in favor of the administration’s position. In a more limited ruling, a judge in New Jersey also has barred the Air Force from removing two transgender men, saying they showed their separation would cause lasting damage to their careers and reputations that no monetary settlement could repair. The LGBTQ rights groups Lambda Legal and the Human Rights Campaign Foundation called the high court order a devastating blow to dedicated and highly qualified service members.