Topline
Former President Donald Trump escaped being indicted in Arizona alongside his allies earlier this year despite a grand jury giving “clear indications” it wanted to do so, prosecutors said in a new filing—but Trump still faces the threat of prosecution in the state, as the statute of limitations has not yet expired and prosecutors haven’t closed their investigation yet.
Former President Donald Trump speaks at a rally on July 31 in Harrisburg, Pennsylvania.
Key Facts
Arizona prosecutors indicted more than a dozen Trump allies in April for their role in a “fake elector” scheme after the 2020 election, in which Republican officials sent a false slate of electors to Congress claiming Trump won the state—with ex-Trump attorneys Rudy Giuliani and John Eastman and former White House Chief of Staff Mark Meadows among the defendants charged.
Trump was not charged as part of that slew of indictments, and prosecutors noted in a new court filing that was at their request, citing a lack of evidence and federal rules that restrict federal prosecutors from bringing charges based on something that’s already been charged at the state level.
A state prosecutor told a grand jury they “don’t know if I have all the evidence to prosecute” a case against Trump “at the moment,” explaining that’s why prosecutors hadn’t recommended charges against the ex-president “despite clear indications from you all that there’s an interest in pursuing a charge against him.”
The filing was in response to a request from some of the defendants to have the charges against them dismissed because the indictments were political retaliation—with prosecutors arguing that not indicting Trump shows they weren’t acting out of political bias.
The Arizona attorney general’s office confirmed to Forbes the investigation is still ongoing, and citing anonymous sources, CNN reports “prosecutors have not closed the door on potentially indicting more people” including Trump if there’s evidence to warrant it.
The statute of limitations for most felonies in Arizona is seven years, legal expert Anthony Michael Kreis noted on X Wednesday, so prosecutors still have more than three years to potentially charge Trump based on his actions in late 2020 and early 2021.
Crucial Quote
“Our time … was limited. If we had a year or two together maybe that would change,” a state prosecutor told grand jurors about their decision not to seek an indictment against Trump, as quoted in the court filing—acknowledging that the state’s decision “may be disappointing to some of you.”
What To Watch For
The Arizona Attorney General’s office declined to comment further on its investigation, and it’s unclear how much longer any potential probe into Trump could take. The case against his allies is still moving forward in court and no trial date has yet been set. Defendants were charged with fraud, forgery, changing electoral votes “by corrupt means or inducement,” tampering with public records and presenting a false instrument for filing, according to the indictment.
Surprising Fact
The court filing comes as two defendants in the case have taken deals in recent days. Ex-Trump attorney Jenna Ellis reached a deal with prosecutors to have her charges lifted in exchange for cooperating with the investigation, and false elector Lorraine Pelligrino pleaded guilty to one count of filing a “false instrument,” Politico reports. Pelligrino is the first known Republican official who served as a “fake elector” after the 2020 election to plead guilty to any crimes, according to Politico.
Chief Critic
The Trump campaign has not yet responded to a request for comment on the Arizona investigation, but the ex-president has pleaded not guilty to other cases against him based on the 2020 election, claiming they’re politically motivated “witch hunts” designed to hurt his presidential campaign. Besides Ellis and Pelligrino, the other defendants in the Arizona case have pleaded not guilty, with Giuliani spokesman Ted Goodman saying the case is an effort to “eviscerate” the justice system and Giuliani is “proud to stand up for the countless Americans who raised legitimate concerns surrounding the 2020 U.S. Presidential Election.”
Key Background
Arizona prosecutors’ refusal to indict Trump comes after the ex-president has already been indicted in federal court and Georgia state court for his efforts to overturn the 2020 election, though neither case has yet gone to trial. The cases are part of four criminal cases in total that have been brought against Trump, along with the Manhattan case that resulted in him being convicted on 34 felony charges, and a federal case for allegedly withholding White House documents. That case has been dismissed, but federal prosecutors are appealing the decision. In addition to Arizona, GOP officials also submitted false slates of electors in Georgia, Michigan, New Mexico, Nevada, Pennsylvania and Wisconsin, all of which President Joe Biden lawfully won. Prosecutors have also so far brought charges against electors or other Trump allies involved with the scheme in Georgia, Michigan and Nevada, but none of those cases have yet gone to trial.
