Prosecutors in Arizona pursuing charges against Republicans accused of attempting to “overturn” the 2020 election were dealt a blow Friday, when a judge ordered the case returned to a grand jury to determine if there is probable cause that the defendants committed the crimes.
Maricopa County Superior Court Judge Sam Myers made the ruling, stating that while the case remains active, it must go back before a new grand jury to determine if there is probable cause to move forward. The decision hinged on prosecutors’ failure to present the full language of the Electoral Count Act, which governs the certification of presidential elections.
Though the law was referenced during testimony and discussed by jurors, Myers noted that prosecutors never provided the actual statute for review—something he said deprived the defendants of “a substantial procedural right as guaranteed by Arizona law.”
The ruling marks a setback for Democratic Attorney General Kris Mayes, whose office brought the charges. Mayes spokesperson Richie Taylor said the state will appeal. “We vehemently disagree with the court,” Taylor said.
