The 2020 election ended six years ago. Yet two power-hungry Democratic attorneys general up for re-election next year, Kris Mayes of Arizona and Josh Kaul of Wisconsin, continue to pursue legal challenges against Trump supporters who legitimately challenged the election. These shameful cases must end immediately.
President Trump and many supporters discovered numerous discrepancies with the 2020 election. They disputed the results in several closely contested states. The First Amendment and the Electoral Count Act of 1887 made such challenges possible — just as Democrats challenged Republican presidential victories in 1968, 2000, 2004 and 2016. Leftists maliciously claimed that challengers had submitted “fake electors” as part of the effort to overturn certified results in these states.
Arizona Attorney General Kris Mayes and Wisconsin Attorney General Josh Kaul are considering the next steps in their 2020 false election prosecutions. (Mario Tama/Daniel Boczarski/Getty Images for Democratic Party of Wisconsin)
This is complete nonsense. No one was duped by the intentions of these surrogate voters. Rudy Giuliani didn’t have the “real” voters strapped into his trunk while he sent the “fake” voters.
The submitted electoral rolls were alternate electors in case Congress raised objections to the certification of electors in the disputed states on January 6, 2021.
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In 2022, Democrat Mayes defeated Republican Abraham Hamadeh by fewer than 300 votes to become Arizona’s attorney general. She immediately began pursuing illegal lawsuits against Trump supporters. Mark Brnovich, the previous attorney general, took no action against those who challenged the 2020 election, recognizing that they had committed no crimes. Mayes didn’t care and sought charges against the 11 Arizona alternate electors and seven other defendants, including Mike Roman, President Trump’s campaign manager on Election Day.
Former New York Mayor Rudy Giuliani speaks during a news conference outside the federal courthouse in Washington, December 15, 2023. (Jose Luis Magana, File/The Associated Press)
A Maricopa County court properly dismissed the charges and ordered Mayes to find a new one. Mayes had not provided the grand jury with the full text of the Electoral Count Act, a complicated and arcane statute that has direct implications for the case. If the law permits the defendants’ actions, the state cannot maintain its case. Federal election law preempts state law regarding federal elections. The statute was so complex that Congress amended it a few years ago through the Electoral Count Reform Act.
Mayes rushed to the Arizona Court of Appeals. That court wisely refused to hear her appeal. Now she has petitioned the Arizona Supreme Court for review. The justices should follow the wise example of the appeals court and refuse to hear Mayes’ appeal.
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Mayes is the same prosecutor who, at a campaign rally in Phoenix, threatened to investigate President Trump for an alleged death threat against former Rep. Liz Cheney — a Trump-crazed RINO. Trump, of course, made no such threat, and Mayes called off her stunt shortly after the president’s resounding victory last November.
Wisconsin also suffers from a partisan Democratic attorney general seeking re-election. In 2024, nearly four years after the end of the 2020 election, Kaul, a radical leftist like Mayes, obtained indictments against three defendants, including Roman and two of Trump’s lawyers.
The facts were the same as in Arizona, except that Kaul did not charge the ten alternate electors in Wisconsin. The defendants now face a preliminary hearing in Dane County, a left-wing bastion home to the state capital and the ultra-liberal University of Wisconsin-Madison, where they are struggling to find a fair and impartial jury.
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A preliminary hearing is scheduled for December 15. One defendant has tried to disqualify Judge John Hyland, claiming that a retired judge named Frank Remington wrote the opinion denying a defense motion to dismiss. The recusal motion included support from a Georgetown expert who concluded that Remington had written the opinion based on the writing style. Hyland denied the request to recant, claiming he wrote the opinion.
President Donald Trump speaks with Secretary of State Marco Rubio (left) and Secretary of War Pete Hegseth during a Cabinet meeting at the White House, Tuesday, Dec. 2, 2025, in Washington. (Julia Demaree Nikhinson/AP Photo)
Regardless of how the preliminary hearing goes, the case must end. Kaul filed the charges after the facts had been known for four years, in the middle of the 2024 elections, in which Wisconsin was a crucial swing state. We cannot criminalize politics.
There was another embarrassing prosecution that charged a slew of defendants during the 2020 elections in Georgia: Fulton County District Attorney Fani Willis. Her case was derailed when it was revealed, thanks to Roman’s attorney Ashleigh Merchant, that Willis was having an affair with one of the special prosecutors she hired, Nathan Wade, who received nearly $700,000 thanks to Fulton County taxpayers. Wade spent much of it on Willis, treating her to lavish world travels. The lovers claimed that Willis paid Wade back, but there was no supporting evidence. Georgia courts disqualified Willis, and a special prosecutor who replaced her dismissed the case earlier this month.
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The Lawfare Democrats have failed to electorally lock up, bankrupt, or defeat Trump. They are trying to take one last pound of flesh from some of the president’s former aides and supporters. If Mayes and Kaul don’t follow the great example of the Georgia special prosecutor and drop their sham cases, the courts in Arizona and Wisconsin should do so.
The Department of Justice should also bring charges against the legal profession for conspiring to violate the civil rights of these legal victims under 18 USC § 241. As we have heard so many times during the legal campaign against President Trump, no one is above the law.
