Two conspicuously absent defendants in Arizona’s false electors indictment

An Arizona grand jury recently dropped a bombshell indictment targeting top individuals associated with Donald Trump’s 2020 campaign and Arizona Republicans involved in the false electors scheme, unveiling charges related to alleged attempts to undermine Joe Biden’s victory in the state.

While notable figures like Mark Meadows, Rudy Giuliani, and others face severe legal repercussions, the conspicuous absence of Donald Trump and Kenneth Chesebro, dubbed the “chief architect” of the false electors scheme, has raised eyebrows and fueled speculation.

The indictment lists seven prominent national figures, including Meadows, Giuliani, and others, accused of aiding a strategy to shift Arizona’s electoral votes in favor of Trump post-2020 election.

Also, 11 Arizona Republicans, including former state party chair Kelli Ward, were charged for their involvement in endorsing false electors.

What’s striking is the absence of Trump’s name among the indicted, despite being referred to as an unindicted co-conspirator. The indictment implicates Meadows and Giuliani as Trump’s intermediaries in the scheme, shedding light on their deep involvement.

Giuliani, referred to as “Co-Conspirator 1,” allegedly orchestrated the false elector scheme across multiple states, including Arizona, with direct involvement from Trump.

Similarly, Meadows, according to the January 6th House Select Committee report, played a pivotal role, acting on behalf of Trump in the scheme.

The exclusion of Trump from the indictment raises questions about the evidence threshold and potential prosecutorial discretion.

While direct evidence implicates Meadows and Giuliani as conduits for Trump’s actions, the lack of direct evidence tying Trump to the scheme might explain his exclusion. However, with ongoing investigations and mounting evidence, Trump’s legal jeopardy remains uncertain.

Equally perplexing is the absence of Kenneth Chesebro, a central figure in the false elector scheme, from the charges. Identified as Co-Conspirator 5 in federal indictments and having pleaded guilty in Georgia, Chesebro’s exclusion, despite his pivotal role, hints at potential cooperation with prosecutors.

Chesebro wrote three memos in 2020—dated November 18, December 6, and December 9—originating the idea of creating “alternate slates of electors” in states Biden had won.

On October 20, as jury selection began for his trial, Chesebro struck a last-minute plea deal with Georgia prosecutors, admitting guilt to a single felony count of conspiracy to file false documents.

Reports suggest Chesebro might have misled investigators in other states, raising questions about his immunity from charges in Arizona.

The indictment also includes new additions to the list of Trump associates facing charges, notably Boris Epshteyn and Christina Bobb.

Epshteyn, allegedly a key player in the scheme, faces charges for his post-election actions. Bobb, a former One America News correspondent, is accused of propagating false claims about the election.

Criminal defendants in Arizona and Georgia may have strong reasons to cooperate with prosecutors because a president cannot issue pardons for state crimes, and his or her control does not extend to state law enforcement authorities.

The state-level prosecutions of false electors and other criminal associates will proceed whether or not Trump wins election.

Trump, if he returns to the White House, may be deemed immune from state and local criminal prosecutions due to the principle of presidential immunity but his co-defendants and conspirators would not be shielded.

Rather than being left holding the bag, there will be a compelling motivation to cooperate with law enforcement authorities sooner rather than later.