In a recent court filing, it has been revealed that members of the Arizona grand jury, who indicted 18 allies of former President Donald Trump earlier this year for their roles in attempting to overturn the 2020 election, had also expressed interest in charging Trump himself. However, the state's lead prosecutor urged the grand jury against this decision.
The grand jury's interest in indicting Trump was significant enough to prompt the prosecutor to request restraint and present a PowerPoint to explain his reasoning. The prosecutor cited two main reasons: a lack of sufficient evidence and a US Justice Department policy that limits federal prosecutions of individuals already charged with similar state crimes.
Ultimately, the grand jury refrained from indicting Trump, who had already faced federal charges by special counsel Jack Smith and charges in Georgia by Fulton County District Attorney Fani Willis for his efforts to overturn Joe Biden’s 2020 election victory. Court documents provided new insights into the grand jury's deliberations and the decision to describe Trump as “Unindicted co-conspirator 1” in the charging documents. Notable figures charged include Trump’s former attorney Rudy Giuliani and former White House chief of staff Mark Meadows, both of whom have pleaded not guilty.
Prosecutors emphasized to the grand jury that indicting Trump would be a significant action and questioned whether they had enough evidence to proceed. They noted that such a prosecution could take one to two years. "I think you should weigh this policy heavily," the prosecutor advised the grand jury, explaining why Trump was not included in the draft indictment despite clear interest in charging him.
The grand jury's discussions were part of the state’s response to a motion by multiple defendants, who argued selective prosecution and claimed anti-SLAPP violations.
While Trump remains uncharged in the Arizona election subversion case, the investigation is ongoing. Prosecutors have not ruled out the possibility of future indictments, including against Trump, should new evidence arise. Georgia remains the only state where Trump has been charged alongside his allies in the election subversion case, though this case is currently paused pending an appeals court decision on the disqualification of District Attorney Willis.
