MIKE DAVIS: Driving a stake through 2020 election lawfare

The 2020 election ended six years ago. Yet, two power-hungry Democrat attorneys general up for re-election next year, Kris Mayes of Arizona and Josh Kaul of Wisconsin, persist in their lawfare against Trump supporters who lawfully challenged the election. These disgraceful cases must end immediately.

President Trump and many supporters found numerous discrepancies with the 2020 election. They challenged the results in several closely-contested states. The First Amendment and the Electoral Count Act of 1887 permitted such challenges—just like Democrats challenged Republican presidential wins in 1968, 2000, 2004, and 2016. Leftists maliciously alleged that the challengers submitted "fake electors" as part of the effort to overturn certified results in these states.

This is utter nonsense. No one was duped by the intent of these alternate electors. Rudy Giuliani didn’t have the "real" electors tied up in his trunk while sending in the "fake" electors.

The slates of electors submitted were alternate electors in the event that, on Jan. 6, 2021, Congress sustained objections to the certification of electors in the contested states.

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In 2022, Democrat Mayes defeated Republican Abraham Hamadeh by less than 300 votes to become attorney general of Arizona. She immediately started pursuing illegal lawfare against Trump supporters. Mark Brnovich, the previous attorney general, took no action against those who had disputed the 2020 election because he recognized that they had committed no crimes. Mayes didn’t care, and sought indictments against the eleven Arizona alternate electors and seven other defendants, including Mike Roman, President Trump’s campaign head of operations on election day.

A Maricopa County trial court correctly threw out the indictment and ordered Mayes to seek a new one. Mayes had not provided the grand jury with the full text of the Electoral Count Act, a complicated and arcane statute that has direct bearing on the case. If the statute permitted the defendants’ actions, the state cannot sustain its case. Federal election law preempts state law with respect to federal elections. The statute was so complex that Congress amended it a few years ago through the Electoral Count Reform Act.

Mayes scurried to the Arizona Court of Appeals. That court wisely declined to hear her appeal. Now, she has petitioned the Arizona Supreme Court for review. The justices should follow the sage lead of the appellate court and decline to hear Mayes’ appeal.

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Mayes is the same prosecutor who threatened to investigate President Trump for a supposed death threat against former Rep. Liz Cheney—a Trump-deranged RINO—during a campaign rally in Phoenix. Trump, of course, made no such threat, and Mayes abandoned her stunt shortly after the president’s resounding victory last November.

Wisconsin also suffers from a partisan Democrat attorney general seeking reelection. In 2024, nearly four years after the conclusion of the 2020 election, Kaul, a radical leftist like Mayes, obtained indictments against three defendants, including Roman and two of Trump’s attorneys.

The facts were the same as in Arizona, except that Kaul did not charge the 10 Wisconsin alternate electors. The defendants are now facing a preliminary hearing in Dane County, a leftist bastion home to the state capital and the ultra-liberal University of Wisconsin-Madison where they are hard-pressed to find a fair and impartial jury.

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A preliminary hearing is scheduled for Dec. 15. One defendant has sought to disqualify Judge John Hyland, alleging that a retired judge named Frank Remington wrote the opinion denying a defense motion to dismiss. The recusal motion included support from a Georgetown expert who concluded that, based on writing styles, Remington had written the opinion. Hyland denied the motion to recuse and asserted that he had written the opinion.

Regardless of how the preliminary hearing goes, the case should end. Kaul brought the charges, after the facts were known for four years, in the middle of the 2024 election, in which Wisconsin was a pivotal swing state. We cannot criminalize politics.

There was another prosecutorial embarrassment who brought charges against a slew of defendants over the 2020 election in Georgia: Fulton County District Attorney Fani Willis. Her case got derailed when it became public, thanks to Roman’s attorney Ashleigh Merchant, that Willis was having an affair with one of the special prosecutors she had hired, Nathan Wade, who received nearly $700,000 courtesy of the taxpayers of Fulton County. Wade spent much of it on Willis, treating her to lavish global trips. The lovers claimed Willis had reimbursed Wade, but there was no corroborating evidence. Georgia courts disqualified Willis, and a special prosecutor who replaced her dismissed the case earlier this month.

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Lawfare Democrats failed to lock up, bankrupt, or defeat Trump electorally. They are trying to get one last pound of flesh from some of the president’s former aides and supporters. If Mayes and Kaul do not follow the Georgia special prosecutor’s stellar example and drop their sham cases, the courts in Arizona and Wisconsin should.

The Justice Department also should pursue charges against these affronts to the legal profession for conspiracy to violate the civil rights of these lawfare victims under 18 U.S.C. § 241. After all, as we heard so much during the lawfare campaign against President Trump, no one is above the law.