
PHOENIX — An organization that bills itself as nonpartisan but has worked on Democratic issues prepared a 47-page report for Attorney General Kris Mayes on how to prosecute the "fake electors'' ahead of the indictments her office obtained against them. A document obtained by Capitol Media Services shows that in July 2023, States United Democracy Center provided Mayes' office with a detailed timeline of the events leading up to 11 Arizona Republicans submitting a false statement to Congress that they were the true 2020 electors, when in fact Democrat Joe Biden won the state and was legally entitled to its 11 electoral votes. States United also provided a list of charges it said could be brought against the 11 false electors and others involved in the scheme. A spokesman for Mayes, Richie Taylor, would not say whether the report was specifically prepared at the Democratic attorney general's request. Attorney General Kris Mayes But Dan Barr, Mayes' chief deputy, had signed a separate letter of engagement with States United two months earlier to have the organization advise the Attorney General's Office on "legal strategies to secure the integrity and security of elections.'' Taylor, however, said the work States United did on the entire fake elector scheme was "separate from the independent investigation'' the Attorney General's Office conducted. "They prepared this memo ... really before our case had even ramped up,'' Mayes' spokesman told Capitol Media Services. "It was publicly compiled information,'' relying on everything from news reports and information from the January 6th Committee in Congress to lawsuits filed by those seeking to overturn the 2020 election, Taylor said. "But it did not have a significant, if much, impact at all on the case," he said. There was more involved than historical narrative, however. States United spelled out exactly which Arizona laws could be used to prosecute those involved and made recommendations. It also detailed why it would still be legally OK to indict people years later for events that occurred in 2020. Taylor declined to say what information his office was seeking from States United when the contract was signed on May 15, 2023. "I'm not going to get into the inner workings of the relationship,'' he said. The case All this comes as the state continues to prepare for a January 2026 trial on the remaining defendants in the case: 10 of the 11 electors themselves and a host of others linked to the 2020 Donald Trump reelection campaign. They each face nine separate felony charges including fraud and conspiracy. Mayes has said the case will continue despite voters returning Trump to the White House in this year's election. Lorraine Pellegrino, secretary of the electors group and a past president of the Ahwatukee Republican Women, agreed to plead guilty earlier this year to a single count of filing a false instrument. She was placed on unsupervised probation. Jenna Ellis, who was an attorney for Trump's 2020 campaign, technically remains in the case. But Ellie signed a "cooperation agreement'' earlier this year with the Attorney General's Office, agreeing to testify in court in exchange for the charges against her eventually being dropped. The 47-page report originally was marked as protected by "attorney-client privilege,'' with Mayes' office being the client even though States United had agreed to do the research for free. But it had to be turned over to the attorneys for the defendants as part of discovery and disclosure requirements in criminal cases. It contains a detailed list of events following the 2020 election where Biden outpolled Trump in Arizona by 10,457 votes, winning the state's 11 electors. Those events included pressure exerted by Rudy Giuliani, an attorney for Trump, and others on then-House Speaker Rusty Bowers, a Mesa Republican, to replace the elected electors with an alternate slate of Trump electors. Bowers refused. A lawsuit filed by state GOP Chair Kelli Ward and others to decertify the presidential selection results was rejected by U.S. District Court Judge Diane Humetewa, who said their claims fell short "in their particularity and plausibility.'' That led to the plan, with Trump associates working with local Republicans, led by Ward, to prepare and sign certificates saying that 11 Republicans, including Ward, were actually the legitimate electors from Arizona. At least part of the reason was to throw the Jan. 6, 2021 count of votes by Congress into disarray, providing an opportunity for then-Vice President Mike Pence to refuse the contested electoral votes, which would have left Biden short of what he needed to win. That fell apart when Pence would not go along. Among those involved — and ultimately indicted — other than the 11 fake electors were other Trump associates, including Giuliani and Mark Meadows, who was Trump's chief of staff. Trump himself was listed as an "unindicted co-conspirator,'' with the Attorney General's Office later disclosing its lawyers asked the grand jury not to indict him. The memo to Mayes' office In the memo to the Attorney General's Office, States United listed six specific state laws it said were violated by the GOP electors: forgery, tampering with a public record, criminal impersonation, presenting a false instrument for filing, fraudulent schemes and artifices, and conspiracy. It also went into great detail on why each applies in this case. The final indictment by Mayes used three of those — forgery, fraudulent schemes and artifices, and conspiracy — and added a lower-level felony of fraudulent schemes and practices. States United also went on to describe potential defenses those indicted could claim, including that they had no "unlawful intent'' but were relying on the advice of counsel. But the organization's attorneys said that to do so, they would have to waive their attorney-client privilege, which could expose other communications they had with their lawyers, both to the public and to prosecutors. The memo went into detail on why Mayes' office could indict those involved even though the events dated back to late 2020. It said that, in general, the statute of limitations for these crimes is seven years. It also sought to give Mayes some cover if questions were raised about why she would be seeking indictments years after the event. "Thorough investigations of complex cases take time,'' the memo said. It also noted that Mayes wasn't elected until 2022 and took office in early 2023. Brnovich's previous role Mayes' predecessor, Republican Mark Brnovich, was not among the 2020 election deniers. He prepared a summary of investigative findings in March 2022 that found no evidence of claims of election fraud spread by Trump and his allies. But Brnovich at the time was involved in a high-profile Republican primary race for Senate, where support from the former president was considered a factor. Trump eventually endorsed Blake Masters, a supporter of Trump's claims of election fraud; Masters won the primary but lost the general election to Democrat Mark Kelly. Brnovich's memo was not made public until after Mayes took office. As to the issue of fake electors, Brnovich did not pursue it, saying in 2022 it was being handled by the U.S. Justice Department. All of that, the States United memo said, gave Mayes the authority to pursue charges years later. "Under these facts, the investigation has been diligent, without undue delay,'' the States United memo states. "In short, neither legal or prudential considerations would make a prosecution improper.'' Other AGs also took outside advice There is precedent for the Attorney General's Office to seek outside legal help — including from partisan sources. A decade ago, then-Attorney General Tom Horne, a Republican, sought help from the Scottsdale-based firm Alliance Defending Freedom in two cases where individuals were challenging the state's ban on same-sex marriage. Lawyers from ADF, which defines itself as a "Christian legal group,'' were appointed special assistant attorneys general, with the state paying no portion of their fees or travel. The following year, then-Attorney General Brnovich signed an agreement with ADF to defend the state, without cost, in a lawsuit filed by Planned Parenthood Arizona over abortion restrictions. States United bills itself as a nonpartisan organization that provides free legal and research help to state and local elected officials. But its involvement in Arizona has had partisan tinges. It conducted a 2021 poll to show Arizonans did not support what it called a "sham election review'' of the 2020 presidential race by the Republican-controlled state Senate. This year it submitted a legal brief backing an effort by Democratic Secretary of State Adrian Fontes, who did not want to release the names of voters affected by state record-keeping errors in whether they had provided legally required proof of citizenship. Influence Watch reports that States United has opposed Republican proposals to change state laws and prepared a legal memo in January 2021 detailing the organization's stance that Pence had no legal authority to reject authorized slates of electors. Howard Fischer is a veteran journalist who has been reporting since 1970 and covering state politics and the Legislature since 1982. Follow him on X, Bluesky and Threads at @azcapmedia; or email azcapmedia@gmail.com . Subscribe to stay connected to Tucson. A subscription helps you access more of the local stories that keep you connected to the community. Be the first to know Get local news delivered to your inbox!
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BIV Forty Under 40 Awards: Ryan LangBrock Purdy participated in the start of Thursday's practice with the 49ers but the San Francisco starting quarterback was not on the field for the majority of the workout, casting doubt over his availability to play Sunday at Green Bay. Purdy is dealing with a right shoulder injury and the 49ers are also potentially without left tackle Trent Williams and Nick Bosa due to injuries. Bosa was listed as out of Thursday's practice with an oblique injury. Williams also didn't suit up Thursday. He played through an ankle injury last week after being listed as questionable. Purdy's typical Thursday post-practice media session was scrapped until Friday as the 49ers did not make any quarterback available. Kyle Allen would step in for Purdy as the starter if he can't play against the Packers. Run game coordinator Chris Foerster said the 49ers aren't where they want to be at 5-5 because they haven't won close games, not because of injuries. "Seven games left is like an eternity," Foerster said. "So much can happen. Do the math. What was our record last year? It was 12-5. I was on a 13-win team that was nowhere near as good as the team last year." With or without Purdy, Foerster said the challenge for the 49ers is not to give up the ball to a defense that has 19 takeaways. The 49ers have 13 giveaways this season. --Field Level Media
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Other Sports Don't miss out on the headlines from Other Sports. Followed categories will be added to My News. Two sailors have died as the 2024 Sydney to Hobart took a tragic turn on Friday morning. NSW Police and Sydney to Hobart officials confirmed the two separate incidents occurred as the fleet of 104 vessels made its way down the NSW south coast. In a night of devastation and destruction, wild, windy conditions rocked the fleet with 15 race retirements overnight. The Sydney to Hobart race committee released a statement to say both people died after being struck by a sail boom. Watch every ball of Australia v India LIVE & ad-break free during play in 4K on Kayo | New to Kayo? Get your first month for just $1. Limited time offer. These are the first deaths in the Sydney Hobart since six men lost their lives at sea in the stormy 1998 race. The race’s organising body — the Cruising Yacht Club of Australia (CYCA) — has been forced to defend its decision to send the fleet into dangerous waters. CYC Vice Commodore David Jacobs on Friday told reporters the organisation will consider making changes to prevent further tragedies. Night time conditions on-board LawConnect. “We always want to improve safety wherever we can, so we will do an investigation,” he said. “And if there’s something that boats can do to try and prevent this happening, we will implement that.” He said the conditions were not extreme enough to warrant race to be called off. “These fleets can handle those winds easily,” he said. “They’re ocean racers. They’re used to those winds. It [is] not extremely vicious.” His comments came after Matt Allen, co-skipper of Comanche, earlier said the fleet was heading into “boat-breaking” conditions. Australian Prime Miniter Anthony Albanese addressed the tragedy with a statement on his social media channels on Friday morning. Bowline and Advantedge pass between North and South Head at the start of the 2024 Rolex Sydney to Hobart yacht race. Picture: Justin Lloyd. David Jacobs, Vice commodore of the Cruising Yacht Club addresses the media. Picture: NewsWire/ Gaye Gerard. “Our thoughts this morning are with the two sailors that tragically lost their lives in the Sydney to Hobart race overnight,” he wrote on X. “The Sydney to Hobart is an Australian tradition, and it is heartbreaking that two lives have been lost at what should be a time of joy. “We send our love and deepest condolences to their families, friends and loved ones.” A crew member on the Flying Fish Arctos died after being struck as the yacht was sailing approximately 30 nautical miles east of Ulladulla. NSW Police said the tragedy occurred around 11.50pm (AEDT). “Officers from the Marine Area Command were notified by the Australian Maritime Safety Authority in Canberra that a crew member on board a yacht had been struck by a sail boom,” NSW Police said in a statement. “Fellow crew members performed CPR, but they could not be revived. An image of Flying Fish Arctos from the Sydney to Hobart race website. This image is not from the race and does not represent the 2024 race crew. “The yacht has altered course to Jervis Bay where it is expected to arrive about 7am.” The second tragedy occurred around 2.15am (AEDT), police say. Sailing yacht Bowline was approximately 30nm east of Batemans Bay when a crew member was struck on the vessel, according to Sydney to Hobart race control. CPR efforts to revive the crew member were unsuccessful, according to a statement. NSW Police released a statement that said: “Officers from the Marine Area Command were advised at 2.15am today (Friday 27 December 2024) that crew members from a second yacht were administering CPR to a colleague who had also been struck by the vessels sail boom. “A short time later officers were informed that CPR had been unsuccessful. Flying Fish released an image of the vessel's final Sydney to Hobart preparations. Photo: Instagram, @flying_fish_sailing. “The police vessel ‘Nemesis’ is currently escorting the second yacht to Batemans Bay. Estimated arrival time is approximately 7am.” Race control said in a statement on Friday morning: “As these incidents are being dealt with by the Water Police and all family members are yet to be contacted, we cannot provide further details at this stage. “Our thoughts are with the crews, family and friends of the deceased.” According to a Sydney to Hobart profile, Flying Fish Arctos left Sydney Harbour with a crew of 10 plus “skipper and navigator”. Bowline, has a crew of seven plus “skipper and navigator”, race listings show. As of 9am (AEDT), 17 of the initial fleet of 104 vessels had retired, leaving 87 boats still on track to complete the 628-nautical mile race. Veteran sailing journalist Amanda Lulham reported it was “one of the most destructive – and expensive – nights in Sydney to Hobart history”, she wrote for The Australian . There was one case of good news with a small miracle unfolding in the blackwater overnight. According to Jacobs, a sailor was recovered after falling overboard on Tasmanian yacht Tasmanian entry Porco Rosso around 3am (AEDT). He said the crew member drifted more than 1km from the vessel. “This is one of the most terrifying experiences you can have,” he said. “Fortunately they are healthy and well.” The tragedies occurred as race leader Master Lock Comanche was forced into a shock retirement. Race control confirmed the supermaxi, that took line honours in 2022, was approximately 63 nautical miles off Green Cape when mainsail damage forced the crew to abandon its campaign. Bowline as featured on the Sydney to Hobart’s website. Master Lock Comanche passes between North and South Head at the start of the 2024 Rolex Sydney to Hobart. Picture: Justin Lloyd. Comanche, the four-time line honours champion and the event’s record holder, earlier held a lead of more than eight nautical miles over LawConnect. LawConnect edged Comanche to win by just 51 seconds last year. The fleet was always expected to face dangerous conditions as it made its way towards Bass Straght. “We are seeing strong wind warnings developing through the afternoon today and getting up to gale, so about 35 knots,” meteorologist Gabrielle Woodhouse said in the last briefing hours before the start. A strong south-westerly change would move across Bass Strait early on Friday morning, potentially bringing showers, lightning, thunder, and waves of up to 4 metres (13 feet). “It’s going to be a fast and furious first night out there on our way down to Hobart,” said Matt Allen, co-skipper of Comanche. “It’s probably going to be boat-breaking sort of conditions,” Allen said ahead of the race. “The really small boats are really going to cop it a few times in this race.” Six men died, five boats sank and 55 sailors were rescued in 1998, when a deep depression exploded over the fleet in the Bass Strait. — with AFP More Coverage Heart wrenching update on AFL flag winner James Dampney Surprise name in athlete of the year votes Ryan Morik Originally published as Two dead as tragedy rocks Sydney to Hobart Join the conversation Add your comment to this story To join the conversation, please log in. Don't have an account? Register Join the conversation, you are commenting as Logout More related stories Sport Man overboard miracle: Sailor survives terrifying ordeal A Sydney to Hobart sailor has been rescued from the ocean despite becoming separated from his boat by almost 2km in pitch-black conditions early this morning. Follow our LIVE updates. Read more News Favourite out, yachts dismasted in Sydney to Hobart drama In one of the most destructive – and expensive – nights in Sydney to Hobart history, wild winds and rugged seas have blown the race apart and sent multiple favourites into retirement Read more