BREAKING: Jenna Ellis Flips, Agrees To Testify Against Other Defendants In "Fake Electors" Case; Judge Scolds Toma/Petersen For Gratuitous Attacks On AG Mayes

Former Trump/Giuliani attorney Jenna Ellis has "flipped" and agreed to testify against fellow defendants in Arizona's "Fake Electors" case; in return, Arizona Attorney General Kris Mayes has agreed to dismiss all charges against her*.

Also, in the case today, Judge Bruce Cohen slapped Republican legislative leaders Ben Toma and Warren Petersen for filing unnecessarily inflammatory arguments against Mayes. He agreed to consider their friend of the court ("amicus") brief about the new anti-SLAPP provisions that form the basis for the defendants' Motions to Dismiss.

Mayes hinted about the Ellis Cooperation Agreement on Friday in an interview, but released it today (below). Today, she said that "(t)his agreement represents a significant step forward in our case. I am grateful to Ms. Ellis for her cooperation with our investigation and prosecution. Her insights are invaluable and will greatly aid the State in proving its case in court."

Judge Cohen agreed to partly accept the Toma-Petersen brief about what the legislature's intent was in expanding the anti-SLAPP ("Strategic Lawsuits Against Public Participation") statute in 2022.

"Since its enactment, there have been no identified reported cases in Arizona that address or apply this amended statutory provision. In that regard, Senator Petersen and Speaker Toma are uniquely positioned to inform as to the public policy considerations behind the 2022 amendments to the statute. For that limited purpose, their Brief is welcomed by the Court."

The judge was not pleased with the rest of it, though:

"Having so concluded, the bulk of the Brief from Senator Petersen and Speaker Toma focuses on matters that are either beyond the assertions made thus far by the named defendants or are the separate perspectives of Senator Petersen and Speaker Toma in what must be characterized as an extremely charged political environment."

* If Ellis violates the agreement, the Attorney General can re-file the charges and Ellis agrees not to argue that the statute of limitations had passed.

This article was reported by AZ Law founder Paul Weich. 

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