Arizona Court Slaps AG Kris Mayes for Illegally Withholding Records on Fake Electors Probe

Arizona Attorney General Kris Mayes has been caught red-handed trying to keep critical documents under wraps in the ongoing probe into the 2020 election “fake electors” scandal. A unanimous three-judge panel of the Arizona Court of Appeals ruled that Mayes acted illegally by withholding information without providing a detailed enough explanation to justify the secrecy.

The records in question involve communications between Mayes’ office and States United Democracy Center, a group that provided a memo outlining potential charges against 11 Republicans who falsely claimed Donald Trump won Arizona’s presidential vote despite Joe Biden’s certified victory by over 10,000 votes. This memo and related communications are pivotal to understanding the state’s criminal case against the “fake electors” and their associates.

Judicial Watch, a conservative watchdog group, requested these documents under Arizona’s public records law. Instead of handing them over, Mayes’ office claimed attorney-client privilege and work product protections but failed to produce the legally required index that justifies withholding each document. The appeals court found Mayes’ index too vague, lacking the specific detail needed to prove the documents were exempt from disclosure.

Judge Jeffrey Sklar, writing for the panel, made it clear: “Index entries must contain more than generalities... [They] must include specific assertions explaining why the document is purportedly privileged to the greatest extent possible without revealing its content.” Mayes’ failure to meet this standard means the trial court can now properly assess whether the documents should be released.

The court also found that Mayes’ office did not conduct a comprehensive search for all responsive documents, limiting its efforts by date and keyword filters. This further undermines the AG’s attempt to shield records from public scrutiny.

This ruling shines a harsh light on Mayes’ handling of a politically explosive investigation that names former President Trump as an unindicted co-conspirator in a scheme to undermine the 2020 election results. Several defendants have already cut deals or pleaded guilty, but the case is stalled after a judge accused prosecutors of hiding evidence from the grand jury. Mayes has appealed that setback to the Arizona Supreme Court.

Mayes’ spokesman declined to comment on the court’s decision. Meanwhile, the public and watchdogs await a more transparent accounting of the documents that could reveal how deeply the “fake electors” plot was orchestrated and whether the AG’s office is playing politics with justice.

This case is a stark reminder: attempts to cloak government actions in secrecy only fuel suspicion and erode trust in our democracy. We’ll be watching closely as this legal battle unfolds.