PHOENIX — The first list of potential witnesses for Arizona’s “fake electors” case includes former Republican Gov. Doug Ducey; a star witness in the House Jan. 6 investigation; and aides to former President Donald Trump and former Vice President Mike Pence.
An almost 40-page court filing by Democratic Attorney General Kris Mayes' prosecutors discloses 14 potential witnesses, as well as lists of related interviews, emails, texts, social media posts and photos used to build the case.
Taken as a whole, the filing reveals new details about Mayes’ far-reaching yearlong investigation, as well as its potential to put key players in Trump’s orbit on the witness stand in a criminal case in which the former president is named as an unindicted co-conspirator.
Where Arizona’s case stands
As of Saturday, June 8, 15 of the 18 defendants had entered not-guilty pleas in Maricopa County Superior Court.
These three defendants all appeared virtually last week: former Trump Chief of Staff Mark Meadows; former Trump campaign aide Michael Roman; and Republican State Sen. Jake Hoffman of Queen Creek, one of the 11 Arizona “fake electors” for Trump in 2020.
These three defendants have yet to enter pleas: Trump adviser Boris Epshteyn; former Republican U.S. Senate candidate & fake elector Jim Lamon; and former Trump campaign lawyer Jenna Ellis. All are scheduled to appear in court at 9 a.m. June 18.
Ellis has pleaded guilty in a similar fake electors prosecution in Georgia. She recently agreed to a suspension of her law license in Colorado for three years.
5 states have filed criminal charges
Arizona is one of five battleground states where criminal charges have been filed in similar fake elector schemes.
All 18 defendants in Maricopa County are charged with the same nine felony counts of forgery, fraud and conspiracy.
The indictment alleges they engaged in an illegal scheme to falsely put forward a slate of 11 Trump electors in the 2020 presidential election as Arizona’s duly chosen electors, in an attempt to overturn Democrat Joe Biden’s victory in the state.
Maricopa County trials have been scheduled for the month of October, but that timeline is likely to be pushed back.
Has Giuliani shown up in Phoenix?
Former Trump lawyer Rudy Giuliani was ordered at his arraignment two weeks ago to travel to Phoenix for booking and to post a $10,000 secured appearance bond.
Prosecutors asked for the conditions after Giuliani avoided being served with the indictment.
He has until June 20 to self-surrender at the Maricopa County Sheriff’s Office for fingerprinting and a mug shot.
According to Jessica Fotinos, general counsel for the Maricopa County Clerk of Courts, Giuliani will likely have to pay his $10,000 bond in cash. The onetime crusading federal prosecutor is expected to post the bond with the court clerk’s office when he turns himself in.
Giuliani’s financial condition is perilous.
He filed for bankruptcy court protection after a $148 million judgment against him in a defamation lawsuit filed by two Georgia election workers.
Last week, a bankruptcy judge allowed the former New York City mayor to put his multimillion-dollar Manhattan condo up for sale.
Who are the potential witnesses?
Among the potential Arizona-based witnesses are:
- Former Gov. Doug Ducey. The two-term Republican and his chief of staff, Daniel Scarpinato, were both interviewed by investigators, according to the disclosure. Ducey's certification of the presidential election results on Nov. 30, 2020, enraged Trump.
- Several Arizona elected officials who were pressured by Trump and his allies after the 2020 vote. Among them are former Republican House Speaker Rusty Bowers, and Maricopa County Supervisors Bill Gates and Clint Hickman, both Republicans.
- Also on the witness list is former County Supervisor Steve Chucri. Chucri abruptly resigned in September 2021 after the release of recordings in which he slammed his County Board colleagues' response to the 2020 vote. The board oversees elections in the county.
- Former Republican State Sen. Vince Leach of Saddlebrooke. According to Bowers, Leach "really went after" Rudy Giuliani at a Capitol meeting with Republican senators on Dec. 1, 2020, after Giuliani asked them to call a special session of the Republican-controlled Legislature to decertify the election results.
Trump, Pence aides could be called
Here are three former Trump campaign officials and a top Pence aide on the witness list.
- Bill Stepien, Trump's former presidential campaign manager. According to video testimony presented by the House Jan. 6 Select Committee, Stepien said he told Trump the truth about losing the election and the lack of evidence of voter fraud.
- Justin Clark, a lawyer and deputy Trump campaign manager. According to the federal indictment that accuses Trump of trying to overturn the 2020 election, Clark expressed doubts about the legality of the electors scheme.
- Brian Seitchik, regional political director for the Trump campaign and a former operative on several other Arizona campaigns.
- Gregory Jacob, former counsel to Pence. According to his testimony before the House Jan. 6 committee, Jacob pushed back on claims that Pence, on his own, could refuse to certify the election results on Jan. 6. Pence's role was central to the legal theory behind the fake electors scheme, drawn up by defendant John Eastman.
Former Meadows aide on list
- Cassidy Hutchinson, a former aide to Trump Chief of Staff Mark Meadows. Meadows is one of the 18 defendants in Arizona's fake electors case. In an interview with the Jan. 6 Select Committee, Hutchinson said Meadows told her Trump knew he lost the election but wanted to keep fighting to overturn the results.
Hutchinson also told the committee that Arizona Congressman Andy Biggs was one of several Republican lawmakers who sought pardons in connection with the Jan. 6 attack on the Capitol. Biggs has denied he sought a pardon from Trump.
Biggs was subpoenaed to testify before the Maricopa County grand jury that ultimately handed up the fake electors' indictments. - Ken Chesebro, the architect of the fake elector scheme. He was named as an unindicted co-conspirator in Arizona and has cooperated with investigators.
Investigative information provided by Chesebro covers 16 of the disclosure's 39 pages.
Earlier this week in Wisconsin, Chesebro was charged with a felony count of forgery.
Why disclosures are required
Arizona rules of criminal procedure require prosecutors to file these "Rule 15.1" disclosures for the defense counsel.
Mark Kokanovich, a white-collar defense attorney at Ballard Spahr and a former federal prosecutor, said the prosecutors would file more disclosures as they obtained more information.
"The (witness) list can grow or shrink. It's rare that all witnesses will be called," he said.
Kokanovich added that some defendants could be flipped to witnesses if they decide to cooperate with the prosecution.
All potential witnesses can be interviewed under oath by defense attorneys.
"It's still very early," Kokanovich said. "A lot of things can change between now and trial. Most defendants and most cases do not go to trial. The vast majority of cases settle."
Editor's note: The above video is from a previous broadcast.
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