Prosecutor challenges Mark Meadows's bid to move Arizona's fake elector case to federal court

PHOENIX — A prosecutor urged a judge on Thursday to reject former Donald Trump presidential chief of staff Mark Meadows’ bid to move his charges in Arizona’s fake elector case to federal court, saying his actions in trying to overturn the 2020 election results weren’t part of his job at the White House.

Meadows has asked a federal judge to move the case to U.S. District Court, arguing his actions were taken when he was a federal official working as Trump’s chief of staff and that he has immunity under the supremacy clause of the U.S. Constitution, which says federal law trumps state law.

The former chief of staff, who faces charges in Arizona and Georgia in what state authorities alleged was an illegal scheme to overturn the 2020 election results in Trump’s favor, had unsuccessfully tried to move state charges to federal court last year in an election subversion case in Georgia.

Prosecutor Krista Wood said Meadows’ electioneering efforts weren’t part of his official duties at the White House. “He is not authorized to meddle in the state’s administration of elections,” Wood said.

The prosecutor pointed to messages received and sent by Meadows in the weeks after the 2020 election, including a text Meadows sent to then-Republican Gov. Doug Ducey two weeks after Election Day saying former New York City Mayor Rudy Giuliani was trying to reach the governor to talk about the election results.

Meadows attorney George Terwilliger maintained his client’s messages and actions were part of his official duties and suggested important context about the messages was missing. “I don’t think the court can rely on those text messages,” Terwilliger said.

While not a fake elector in Arizona, prosecutors said Meadows worked with other Trump campaign members to submit names of fake electors from Arizona and other states to Congress in a bid to keep Trump in office despite his November 2020 defeat.

In 2020, President Joe Biden won Arizona by 10,457 votes.

While Democratic Attorney General Kris Mayes’ office had said Meadows missed the deadline for asking a court to move the charges to federal court, Meadows' attorneys say another federal law allows for cases to be moved to federal court at a later time for good cause.

Terwilliger said he waited to try to move Meadows’ Arizona charges to federal court until after the U.S. Supreme Court issued a July ruling that gave former presidents broad immunity from prosecution. U.S. District Judge John Tuchi, who was nominated to the federal bench by then-President Barack Obama, didn't say when he would issue his ruling on Meadows' request.

Last year, Meadows tried to get his Georgia charges moved to federal court, but his request was rejected by a judge, whose ruling was later affirmed by an appeals court. The former chief of staff has since asked the U.S. Supreme Court to review the ruling.

The Arizona indictment also says Meadows confided to a White House staff member in early November 2020 that Trump had lost the election. Prosecutors say Meadows also had arranged meetings and calls with state officials to discuss the fake elector conspiracy.

Meadows and other defendants are seeking a dismissal of the Arizona case.

Meadows’ attorneys said nothing their client is alleged to have done in Arizona was criminal. They said the indictment consists of allegations that he received messages from people trying to get ideas in front of Trump — or "seeking to inform Mr. Meadows about the strategy and status of various legal efforts by the president’s campaign.”

In all, 18 Republicans were charged in late April in Arizona’s fake electors case. The defendants include 11 Republicans who had submitted a document falsely claiming Trump had won Arizona, another Trump aide and five lawyers connected to the former president.

In early August, Trump’s campaign attorney Jenna Ellis, who worked closely with Giuliani, signed a cooperation agreement with prosecutors that led to the dismissal of her charges. Republican activist Loraine Pellegrino also became the first person to be convicted in the Arizona case when she pleaded guilty to a misdemeanor charge and was sentenced to probation.

Meadows and the other remaining defendants have pleaded not guilty to the forgery, fraud and conspiracy charges in Arizona.

Trump wasn’t charged in Arizona, but the indictment refers to him as an unindicted coconspirator.

Eleven people who had been nominated to be Arizona’s Republican electors had met in Phoenix on Dec. 14, 2020, to sign a certificate saying they were “duly elected and qualified” electors and claimed Trump had carried the state in the 2020 election.

A one-minute video of the signing ceremony was posted on social media by the Arizona Republican Party at the time. The document was later sent to Congress and the National Archives, where it was ignored.

Prosecutors in Michigan, Nevada, Georgia and Wisconsin have also filed criminal charges related to the fake electors scheme.