What Jenna Ellis cooperating with prosecutors in Arizona’s ‘fake electors’ case means

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Former Trump lawyer Jenna Ellis is cooperating with Arizona authorities in the state’s “fake electors” prosecution. What are we to make of this development? To help understand it, we can look to the similar case in Georgia, in which a series of figures in Trump world were charged over efforts to overturn the results of the 2020 presidential election, which Donald Trump lost to Joe Biden. When Ellis pleaded guilty in Fulton County last year, I noted that one high-profile Georgia defendant implicated by that move was Rudy Giuliani: Indeed, the former lawman turned Trump stooge is listed alongside Ellis throughout the racketeering indictment, and her guilty plea Tuesday directly implicates him. That is, she pleaded guilty to aiding and abetting false statements and writings, in connection with alleged efforts by Giuliani and fellow Trump lawyer/co-defendant Ray Smith to overturn the 2020 presidential election in Georgia (both of whom have pleaded not guilty). The Arizona indictment likewise notes that Ellis “worked closely” with Giuliani. Given the state’s decision to reach a cooperation agreement, prosecutors could be satisfied that she can truthfully detail that work in a way that helps prove their case at trial; gets other defendants to plead guilty; or both. (Giuliani has pleaded not guilty, as he did in Georgia.) So, it’s more potentially ominous news for at least Giuliani, whose legal woes are legion. And beyond that? Whether Trump’s criminal exposure has increased is a natural thing to wonder about. Recall that, unlike in Georgia, Trump wasn’t charged in Arizona but rather was referenced as an unindicted alleged co-conspirator. (I explored possible reasons for the different treatment in this post.) Ultimately, it’s the Arizona prosecutors who have the best idea of how they want to use Ellis, based on their conversations with her and among themselves. What we know is that the state says it’s confident in Ellis’ value. “Her insights are invaluable and will greatly aid the State in proving its case in court,” Arizona Attorney General Kris Mayes said in announcing the deal. Unlike in Georgia, where she got a good deal in pleading guilty without receiving jail time, Arizona prosecutors agreed to dismiss the charges in exchange for her cooperation. And the incentive for Ellis to cooperate is great. Unlike in Georgia, where she got a good deal in pleading guilty without receiving jail time, Arizona prosecutors agreed to dismiss the charges in exchange for her cooperation. In doing so, the state prosecutors noted that they could charge her again if she fails to comply with the agreement, which says that she must (among other things) “testify completely and truthfully at any time and any place requested by the Arizona Attorney General’s Office, including at any state or federal grand jury proceeding, forfeiture proceeding, bond hearing, pretrial hearing, civil and criminal trial, retrial or post-trial hearing.” So it’s early yet in the Arizona case, and it could be a while longer until we know the full shape that it takes. Yet it’s possible that it proceeds more expeditiously than the Georgia case, even though that one was brought last year, because the Georgia case is currently tied up on a pretrial appeal in which the defense is seeking to disqualify Fulton County District Attorney Fani Willis. While those aren’t the only two states prosecuting alleged schemes related to the 2020 election, the uncertain fate of the Georgia case shines an even brighter light on whatever comes in Arizona. Subscribe to the Deadline: Legal Newsletter for updates and expert analysis on the top legal stories. The newsletter will return to its regular weekly schedule when the Supreme Court’s next term kicks off in October.