Former President Donald Trump’s campaign attorney Jenna Ellis, who worked closely with his personal attorney, Rudy Giuliani, will cooperate with Arizona prosecutors in exchange for charges being dropped against her in a fake electors case, the state attorney general’s office announced Monday.
Ellis has previously pleaded not guilty to fraud, forgery and conspiracy charges in the Arizona case. Seventeen other people charged in the case have pleaded not guilty to the felony charges — including Giuliani, Trump presidential chief of staff Mark Meadows and 11 Republicans who submitted a document to Congress falsely declaring Trump had won Arizona.
“Her insights are invaluable and will greatly aid the State in proving its case in court,” Attorney General Kris Mayes said in a statement. “As I stated when the initial charges were announced, I will not allow American democracy to be undermined — it is far too important. Today’s announcement is a win for the rule of law.”
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. President Joe Biden won Arizona by 10,457 votes.
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.
Last year, Ellis was charged in Georgia after she appeared with Giuliani at a December 2020 hearing hosted by state Republican lawmakers at the Georgia Capitol during which false allegations of election fraud were made. She had pleaded guilty in October to one felony count of aiding and abetting false statements and writings. The cooperation agreement signed by Ellis in the Arizona case requires her to provide truthful information to the Attorney General’s Office and testify honestly in proceedings in any state or federal court. Prosecutors can withdraw from the deal and refile charges if Ellis violates the agreement.
Prosecutors have already asked a court to dismiss the Arizona charges against Ellis. It wasn’t immediately clear if a judge had yet approved the request.
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The Associated Press left messages with Ellis’ attorney, Matthew Brown, after the agreement was announced Monday. Mel McDonald, a retired lawyer and former Arizona U.S. Attorney and judge in metro Phoenix, said cooperation agreements like the one signed by Ellis are common in Arizona state courts and are typically given to insiders who can explain how a crime unfolded.
“You need someone who is part of it to fill in the blanks,” said McDonald, who isn’t involved in the Arizona case.
While not a fake elector in Arizona, prosecutors say Ellis made false claims of widespread election fraud in the state and six others, encouraged the Arizona Legislature to change the outcome of the election and encouraged then-Vice President Mike Pence to accept Arizona’s fake elector votes.
The indictment said Ellis, Giuliani and other associates were at a meeting at the Arizona Legislature on Dec. 1, 2020, with then-House Speaker Rusty Bowers and other Republicans when Giuliani and his team asked the speaker to hold a committee hearing on the election.
When Bowers asked for proof of election fraud, Giuliani said he had proof but Ellis had advised that it was left back at a hotel room, the indictment said. No proof was provided to Bowers.
Ellis also is barred from practicing law in Colorado for three years after her guilty plea in Georgia.
Prosecutors in Michigan, Nevada, Georgia and Wisconsin have also filed criminal charges related to the fake electors scheme.
Arizona authorities unveiled the felony charges in late April. Overall, charges were brought against 11 Republicans who submitted the document falsely declaring Trump had won Arizona, five lawyers connected to the former president and two former Trump aides.
Trump himself was not charged in the Arizona case but was referred to as an unindicted co-conspirator in the indictment.
