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Mayes asks for files of Trump special prosecutor

Howard Fischer, Capitol Media Services//January 13, 2025//[read_meter]

Attorney General Kris Mayes at a 2023 press conference (Capitol Media Services photo by Howard Fischer)

Mayes asks for files of Trump special prosecutor

Howard Fischer, Capitol Media Services//January 13, 2025//[read_meter]

Attorney General Kris Mayes wants everything a federal special counsel has found out about the interference of Donald Trump and his allies in the peaceful transition of power after the 2020 election that he lost.

And the goal is to help her with her own case against those involved in a scheme to send a slate of fake electors from Arizona to Congress.

In a letter Monday, Mayes reminded U.S. Attorney General Merrick Garland that she had sought access to the work of Jack Smith nearly two years ago. At that time, Mayes said, the special counsel “was not ready or able to share any materials.”

Since that time, Smith has folded his investigation after concluding that the decision by voters to return Trump to the White House makes any move to prosecute him impossible because of the Department of Justice policy that prohibits the federal prosecution of sitting presidents. Instead, Garland plans to release only Smith’s report – but not other materials he gathered.

That, Mayes wrote to Garland, changes everything.

A state grand jury last year indicted not only the fake electors who were claiming that Trump won the 2020 race in Arizona and was entitled to the state’s 11 electoral votes but seven others who were his lawyers and supporters. That includes attorney Rudy Giuliani and Mark Meadows who was Trump’s chief of staff.

And Trump himself was listed as an “unindicted co-conspirator.”

The case is set for trial a year from now. And Mayes thinks that what Smith uncovered will help, especially now that he isn’t pursuing his own case.

“Today, my office has one of the only remaining cases that includes charges against national actors,” she told Garland. “Undoubtedly, disclosing special counsel’s file to my office will help ensure that those who should be held accountable are.”

But Mayes assured Garland she’s not just looking for things to help convict those indicted.

“I am also Arizona’s chief law enforcement officer and a minister of justice,” she wrote. “I must be sure the rights of defendants are protected as well, and I would welcome any exculpatory material that the special counsel possesses.”

Anyway, Mayes said, it appears from “media reports” that Smith already has made “substantial disclosures” to some of those he had targeted – the same people who are in the state indictment.

All this comes amid a legal fight playing out in federal courts about whether Smith’s report will be made public.

A federal judge ruled Monday that the Department of Justice can release the documents that are anticipated to detail Trump’s efforts to not give up the White House after the 2020 election and any role in the Jan. 6, 2021, riot at the Capitol that sought to thwart the counting of the electoral votes. But an injunction remains in place for the time being.

Mayes said whatever is occurring on that legal front is irrelevant to her request, saying a federal rule of criminal procedures “gives you the authority to disclose grand jury information for use in Arizona’s criminal case.”

Garland’s office declined comment.

At the heart of the case is that Trump lost Arizona by 10,457 votes. Several legal challenges to the results were dismissed, including one filed by Kelli Ward, then chair of the Arizona Republican Party.

At that point, Ward and 10 others came together to sign a document declaring that Trump had won Arizona and that they were the rightful electors whose votes should be counted. They then submitted that to Congress.

But the indictment says the plan actually was hatched by Trump allies, with the president himself involved. And the goal was to prevent Biden from getting the necessary 270 electoral votes.

If nothing else, the dispute over electors was designed to allow Mike Pence, then vice president and, as such, president of the Senate, to refuse to certify the results on Jan. 6. Pence refused and Biden’s election was confirmed.

Jenna Ellis, one of Trump’s attorneys, already has agreed to cooperate in prosecuting the remaining defendants in exchange for eventually having all the charges against her dismissed.

Ellis promised to not only give interviews to investigators from the state Attorney General’s Office but also testify wherever they want, including future grand jury proceedings and any civil or criminal trials. She also agreed to turn over any documents she has related to the probe.

Ellis played a key role in arguing in Arizona and elsewhere that there was fraud in the 2020 race and that Trump should have been elected.

She worked with Giuliani to convince lawmakers in Arizona to move to overturn the election results. That includes meeting with then-House Speaker Rusty Bowers who refused to call a special legislative hearing where Trump supporters wanted to present what they claimed was evidence that Biden actually lost the race.

Kenneth Chesebro, who had been a legal adviser to the Trump campaign, already had met with investigators in Arizona even before the indictment was issued in April.

He was not among those charged. And Mayes already has put him on a list of witnesses she intends to call when the case goes to trial.

Separately, Lorraine Pellegrino, the founder and former president of Ahwatukee Republican Women, pleaded guilty to a misdemeanor charge of filing a false instrument and was placed on unsupervised probation with community service. 

 

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