In a high-profile rebuke of Attorney General Kris Mayes, an Arizona judge has ordered the state’s controversial indictments against 18 Republicans to be sent back to a grand jury—a decision that could significantly derail the case. Maricopa County Superior Court Judge Sam J. Myers ruled that state prosecutors failed to provide jurors with the text of the 1887 Electoral Count Act, a key federal statute central to the defense.
“Because the State failed to provide the ECA to the grand jury, the Court finds that the defendants were denied a substantial procedural right as guaranteed by Arizona law. Although moving defendants raised additional grounds for remand, the Court will not address those arguments because the ECA argument is dispositive of the motion,” Myers said.
The defendants, Axios reported, include former state GOP Chair Kelli Ward, Mike Ward, White House Chief of Staff Mark Meadows, and attorneys Rudy Giuliani, John Eastman, Christina Bobb, among others. They were charged in connection with efforts to contest Arizona’s 2020 presidential election results by submitting an alternate slate of electors while legal challenges were still ongoing.
According to The Washington Post, Judge Myers sided with the defense, noting that omitting the Electoral Count Act deprived the grand jury of essential context. “We are extremely pleased with the court’s ruling, and we think the judge got it exactly right,” said Stephen Binhak, the attorney representing Turning Point Action executive Tyler Bowyer, who led the motion to remand.
Mayes’ office plans to appeal the ruling, arguing the decision obstructs justice. “We vehemently disagree with the court, and we will file a special action to appeal,” said Richie Taylor, a spokesperson for Mayes.
The initial grand jury presentation took weeks, and now the state must reassemble a new one with the proper federal statute included. Legal experts note that the delay, while not fatal, will significantly slow down the prosecution. “Delay is one of the most effective defenses available,” said former U.S. Attorney Paul Charlton.
The original case targeted 11 Arizonans and several Trump allies who allegedly tried to award the state’s electoral votes to Donald Trump despite Joe Biden’s certified victory. The charges claimed their actions amounted to forgery and fraud—a characterization the defense firmly rejects as a political overreach. Defendants maintain they acted on legal advice, preserving election challenges that were still moving through the courts.
This marks a serious setback for Mayes and adds Arizona to a growing list of states—Georgia, Michigan, Nevada, and Wisconsin—where political prosecutions stemming from 2020 are under scrutiny.
Supporters of the defendants are rallying to their side, launching a legal defense fund to fight back against mounting legal costs. For those who believe in standing up for due process and equal treatment under the law, supporting this fund is a way to make a tangible impact.
