Pro-Trump electors in Arizona invoked their Fifth Amendment rights before a grand jury, as Attorney General Kris Mayes weighs the decision on potential criminal charges.
Mayes, a Democrat, had confirmed last year that she was investigating the 2020 alternate electors from Arizona appointed by Trump.
Despite knowing that the electors planned to plead the Fifth Amendment, Mayes still compelled them to appear before the grand jury, a move considered unusual and risky.
The Fifth Amendment allows individuals to remain silent to avoid self-incrimination.
By requiring the Pro-Trump electors to assert this right in front of the grand jury, Democrat prosecutors run the risk of unfairly influencing the jurors against them.
It is important to note that pleading the Fifth Amendment does not indicate guilt, but there is a concern that grand jurors might perceive it as such in this case involving the pro-Trump electors.
“The prosecutors’ decision to require these people to appear in person is the latest escalation of the long-running probe by the state’s attorney general, Kris Mayes, into election interference by Trump allies. The tactic is also highly unusual and risks biasing the grand jury against key targets of the probe, according to independent legal experts who have worked as both prosecutors and defense lawyers.” Politico reported.
“If the grand jury charges them, it could even provide a longshot basis for the targets to challenge the indictment,” Politico said.
“But prosecutors working for Mayes have required some of the false electors they’re investigating to physically appear before the grand jury and formally assert their Fifth Amendment rights — despite the fact that their defense lawyers told prosecutors they would take that step, according to two people familiar with the probe who were granted anonymity to share the details on the sensitive investigation,” the magazine reported.
When Democrats appoint alternate electors, it’s known as ‘dueling electors,’ while Republicans’ alternate electors are labeled as ‘fake electors,’ often leading to indictments by Democratic attorneys general.
This trend extends beyond state lines, with Democrat prosecutors targeting Trump’s alternate electors in various locations.
For instance, Michigan Attorney General Dana Nessel filed criminal charges against 16 ‘Trump electors’ involved in the state’s 2020 election.
In a similar vein, Fulton County District Attorney Fani Willis recently indicted three of Trump’s alternate electors in Georgia as part of her RICO and conspiracy case against the former president.