PHOENIX — Attorney General Kris Mayes is going to get more time to decide what she intends to do next in the currently stalled case against the "fake electors'' and their allies.
In a brief order Tuesday, the Arizona Supreme Court agreed to her request to have until Nov. 21 to decide whether to seek review of a lower court ruling that tossed out the indictments tied to efforts to overturn the 2020 presidential election.
The original deadline had been Wednesday. And if Mayes did not reach a decision by then, that would pave the way for the grand jury indictment to be dissolved and the charges dropped on all the remaining defendants.
But the justices made it clear that the extra month is as much time as they're willing to give her.
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"No further extensions of time will be granted absent extraordinary circumstances,'' the order reads. And to drive the point home, the justices said if she does not file an appeal by Nov. 21, the entire case "is subject to dismissal.''
Myers said grand jurors were not given access to all the information they needed before bringing charges of forgery, fraud and conspiracy against not just the 11 Republicans who filed documents declaring that Trump had won the popular vote in Arizona but also against others involved with Trump and his reelection campaign. Myers said the case either needs to be sent back to the grand jury or the charges dismissed.
Mayes called Myers' ruling "erroneous.''
But the state Court of Appeals last month rejected Mayes' request that they overturn what Myers decided and reinstate the indictment. That leaves the Supreme Court as the last option.
Even if the indictment eventually is voided — whether by her eventually deciding not to appeal or the Supreme Court rejecting her arguments — none of that would keep Mayes from presenting evidence to a new grand jury and seeking new indictments. But assuming a new grand jury would go along, that would further delay a trial that is now slated to begin next year.
Attorney General Kris Mayes
