Prosecutors are reportedly attempting build a case to show that Donald Trump did not really believe there was 2020 election fraud in several states, including Arizona. They convinced a federal grand jury in Washington D.C. to indict Trump on August 1 for challenging the results of the 2020 presidential election, blaming him for the raucous protest at the U.S. Capitol on January 6, 2021.
The indictment stated, “The Defendant, his co-conspirators, and their agents made knowingly false claims that there had been outcome-determinative fraud in the 2020 presidential election.” Trump genuinely believed there was election fraud in Arizona leading up to the protest.
Various top legal scholars have denounced the indictment. Jonathan Turley, a professor at George Washington University Law School, said the prosecution would “bulldoze” over the First Amendment if successful, pointing out that Special Counsel Jack Smith would need to prove that Trump knew the statements he made about the 2020 election were false.
Former Harvard Law Professor Alan Dershowitz, a Democrat who is known for his expertise in constitutional and criminal law, characterized the prosecutor’s case against Trump, “It’s just not strong enough or specific enough to satisfy the very high standard that’s required when a president of the United States allows his Justice Department to indict his opponent and influence the outcome of the election.”
In Arizona, the Trump campaign, along with the Republican National Committee and Arizona Republican Party, filed a lawsuit against then-Secretary of State Katie Hobbs on November 7, 2020. The suit alleged poll workers told voters who marked extra fields on their ballots, known as “overvotes,” to submit their ballots to the voting machine tabulators anyway. The lawsuit noted that the overvotes were not counted by the tabulators. The judge dismissed the case, citing no reason other than mootness.
On November 22, 2020, Trump and his attorney Rudy Giuliani called then-Speaker of the House Rusty Bowers. The former state representative testified to the Democrats’ January 6 Committee that Giuliani told him they had proof “200,000 illegal immigrants” and “6,000 dead people” voted. He said Trump and Giuiani asked him to convene the legislature to look into the fraud allegations and consider other action.
Bowers said he refused, even though he’d received “over 20,000 emails, thousands of voicemails and texts from those who believed he was wrong to not recall the electors.”
The long time elected official steadfastly denied any election fraud took place, thwarting many election integrity bills passed by the Republican majority in the State House in the wake of the contested 2020 election. Bowers subsequently lost election to the Arizona State Senate by over 20 points in 2022.
The Washington Post reported that Trump called then-Arizona Governor Doug Ducey in late 2020 asking him to look into fraud in the election. The Post said Trump also asked Vice President Mike Pence to call Ducey. Sources told The Post that Pence called Ducey several times about the election, but did not pressure him. Pence said during a campaign stop in Iowa last month regarding his calls to governors after the 2020 election, “We were just trying to determine where the process was in places like Georgia, places like Arizona that were going through a review of their election results. And I didn’t receive any pressure from President Trump other than to gather an update on what was happening in those states.”
Arizona legislators held a hearing at the Hyatt in Phoenix with Giuliani on November 30, 2020, to examine concerns about election fraud. The hearing featured testimony regarding illegal voting. Trump called into the hearing and was placed on speakerphone. “This is the greatest scam ever perpetrated upon our country,” he said, criticizing Ducey for certifying the election results and praising the lawmakers conducting the meeting. “They are becoming legend for taking this on,” he said.
That same day, Ducey famously ignored a call from Trump, while Ducey was in the process of certifying the election. Those observing heard the ringtone “Hail to the Chief,” the presidential anthem, when the call came in. Ducey muted the ringtone. He later said he returned Trump’s call, and according to The Post, “said the president had ‘an inquisitive mind’ but did not ask the governor to withhold his signature certifying the election results.” Others with inside knowledge told The Post that Trump talked about his shortfall of votes and encouraged Ducey to look into the allegations of election fraud.
Trump tweeted his frustration later that day. “Why is he rushing to put a Democrat in office, especially when so many horrible things concerning voter fraud are being revealed at the hearing going on right now,” he said. “@OANN What is going on with @dougducey? Republicans will long remember!”
Trump kept up his criticism of Ducey in several later tweets. On December 3, 2020, he tweeted, “Governor @dougducey of Arizona hired a lawyer today. Wouldn’t allowing a strong check of ballots, which would be easier and so much better for our Country, be easier on him and the great State of Arizona?”
On December 5, 2020, he tweeted, “Between Governor @DougDucey of Arizona and Governor @BrianKempGA of Georgia, the Democrat Party could not be happier. They fight harder against us than do the Radical Left Dems. If they were with us, we would have already won both Arizona and Georgia…”
On December 6, he retweeted Mark Finchem, “RT @MarkFinchem: I believe that @dougducey signed a fraudulent document. And he knew it! I’m requesting we recall Arizona’s certification.…”
Finally, on December 12, 2020, Trump tweeted, “Who is a worse governor, @BrianKempGA of Georgia or @dougducey of Arizona??? These are two RINO Republicans who fought against me and the Republican Party harder than any Democrat. They allowed states that I won easily to be stolen. Never forget, vote them out of office!”
On December 31, 2020, the White House switchboard left a message for Clint Hickman, chair of the Maricopa County Supervisors at the time. He did not return the call.
Emails released in response to a public records request to American Oversight, a left-wing partisan watchdog, revealed Trump and Giuliani’s communications with lawmakers. On November 15, 2020, then-Republican president of the state senate, Karen Fann, emailed a constituent, “Lawsuits have been filed by the Trump campaign and another is expected next week.”
On December 2, 2020, Fann emailed a constituent, “I have spoken with Mayor Giuliani at least 6 times over the past two weeks. Then Speaker Bowers, myself and a few members of our teams had a private 2 hour meeting with Giuliani and the Trump legal team yesterday morning here at the Senate. He was able to give me some documentation which my staff is trying to verify and has promised to send us all the documentation he didn’t have available. We are limited by what we can do according to our constitution and we have to have documented proof to take to the courts for legal remedies BUT we are trying very hard to find a legal path forward to resolve these allegations.”
Fann told a constituent on December 29, 2020, that Trump called her shortly after the election to thank her “for pushing to prove any fraud.” She said she had been “in numerous conversations with Rudy Guiliani [sic] over the past weeks trying to get this done. I have the full support of him and a personal call from President Trump thanking us for pushing to prove any fraud.”
On December 29, 2020, Fann said to a constituent regarding the legislature’s attempts to conduct an audit of the election, “It’s pretty apparent you don’t know everything that is going on. We are actively suing the BOS for the audit We have the full support of Trump and Guiliani.”
Christina Bobb, an attorney working with Trump and Giuliani, emailed Fann affidavits that she said Giuliani asked her to send.
Earlier in the day before the January 6, 2021 protest, Trump said in a speech, “”I know that everyone here will soon be marching over to the Capitol building to peacefully and patriotically make your voices heard.” He said that he and the crowd would “walk down to the Capitol” to “cheer on our brave senators and congressmen and women.”
After the protest became raucous, Trump took to Twitter to urge his supporters to be peaceful and maintain “law and order.” “Please support our Capitol Police and Law Enforcement,” he tweeted. “They are truly on the side of our Country. Stay peaceful!” Another tweet stated, “This is wrong and not who we are. Be peaceful and use your 1st Amendment rights, but don’t start acting like the other side. We have a country to save and this doesn’t help anyone. https://t.co/3oUAPxuwi9”
– – –
Rachel Alexander is a reporter at The Arizona Sun Times and The Star News Network. Follow Rachel on Twitter. Email tips to [email protected].
Photo “Election Day” by WyoFile CC 2.0.
