Arizona investigators’ probe into Republicans’ efforts to overturn the state’s 2020 election results has taken a new turn. The investigators have subpoenaed two members of Congress who were among Donald Trump’s closest Capitol Hill allies in the scheme.
According to court documents, investigators have subpoenaed Reps. Andy Biggs and Paul Gosar. The subpoenas to Biggs and Gosar ordered the two Arizona Republicans to testify before a grand jury. Little information on the subpoenas is available as the case is in its early stages.
There is no indication that Attorney General Kris Mayes, who is leading the probe, will bring criminal charges against them. It’s also unclear whether Mayes will enforce the subpoenas against the lawmakers, who may have legal bases to resist testifying.
However, the subpoenas and a series of other aggressive recent moves prove one thing: Mayes means business. They show that Mayes, a Democrat, has cast a far broader net in her probe than previously understood. Following the court order, spokespeople for Gosar and Mayes declined to comment.
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Similarly, a spokesperson for Biggs did not comment on the subpoena. However, Mayes is nearing a decision on whether to ask the grand jury to issue indictments in the case. By doing so, Mayes will become the fourth prosecutor to bring criminal charges against Trump and his allies.
Before the new wave of subpoenas, Mayes’ office had sent out several grand jury subpoenas. She also went after Arizona Republicans who falsely claimed to be the state’s presidential electors. The state attorney general made them assert their Fifth Amendment rights before the grand jury.
However, the step, described as “unusual,” generated criticism from former prosecutors. Biggs, a former conservative House Freedom Caucus chairman, and Gosar were among Trump’s most vocal congressional supporters.
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They supported the former president’s efforts to overturn Biden’s victory in Arizona. Both challenged the state’s electors on January 6, 2021, when Congress met to certify the Electoral College results. Gosar mounted that challenge at the exact moment a pro-Trump mob broke into the Capitol and halted proceedings.
According to the congressional investigators, Gosar maintained relationships with activists organizing “Stop the Steal” protests targeting Congress’ January 6 session. They also attended a White House meeting with Trump on December 21, 2020.
The January 6 select committee claims they strategized how Mike Pence could block the certification of the election results. Texts show that Biggs contacted Trump’s White House chief of staff, Mark Meadows, after Election Day 2020. Then, he pushed for state legislatures to overrule the results in multiple states Biden won.
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Biggs also worked with other Arizona Republicans to advance the fake elector effort. Arizona was one of seven states won by Biden where Trump’s allies organized slates of so-called alternate electors.
Prosecutors in Georgia, Michigan, and Nevada have brought criminal charges against false electors in their states. Special counsel Jack Smith also called the scheme a central element of Trump’s bid to subvert the election.
Details of Mayes’ probe have remained unclear due to Arizona’s stringent state law. The state’s secrecy law bans witnesses from disclosing that they have been subpoenaed.
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