Arizona judge sets 2026 trial date for Trump allies accused of trying to subvert the 2020 election

Phoenix (CNN) — An Arizona judge has set a trial date of January 5, 2026, for allies of former President Donald Trump charged for a criminal conspiracy to overturn the 2020 election.

If that date holds, it means the Arizona case will go to trial close to five years after the alleged crimes were committed and take place six months later than the timeframe originally proposed by prosecutors.

At the same time, the Arizona case is now the only criminal case related to the 2020 election — at either the state or federal level — to currently have a trial date on the calendar as other separate efforts to similarly prosecute Trump and his allies in other jurisdictions all face uncertain futures.

Several defendants, including conservative attorney John Eastman and multiple Arizona Republicans who served as fake electors, were present in the courtroom for a hearing Monday. Former White House chief of staff Mark Meadows, former Trump lawyer Rudy Giuliani and Christina Bobb, who serves as the top lawyer for the RNC on election integrity, joined the hearing virtually.

This is the first high-stakes hearing since a grand jury handed up criminal charges against the fake electors from Arizona. Trump himself was not charged.

Lawyers for Trump allies and the Arizona Republicans who served as fake electors from that state have argued that the actions detailed in charging documents do not amount to crimes and accused prosecutors of pursuing a politically motivated case against them.

Arizona’s attorney general has charged the Trump allies with committing multiple felonies on the same occasion — a designation under state law that means a conviction would likely carry prison sentences rather than a lesser penalty afforded to first-time offenders.

Some defendants have argued in court filings that prosecutors are seeking to use the prospect of an overly harsh punishment to coerce cooperation from some of those charged.

Arizona Superior Court Judge Bruce Cohen, who was appointed in 2005 by then-Gov. Janet Napolitano, a Democrat, acknowledged that the trial date is a “moving target.”

Cohen also said Monday that he wants to set a trial date that appropriately takes into account concerns about the amount of time defense attorneys need to review discovery and interview roughly 80 witnesses prosecutors plan to call.

The pivotal hearing comes just days after Trump, who has not been charged in the Arizona case but is described in court documents as “unindicted co-conspirator 1,” held a rally in the key swing state as part of his 2024 presidential campaign.

Trump has avoided having to stand trial in either of the two criminal cases where he was charged for attempting to overturn the 2020 election, but Monday’s hearing in Arizona underscores how many of those who sought to help the former president remain in power still face significant legal exposure as a result.

Most members of the grand jury in Arizona that indicted the 18 Trump allies for their alleged roles in attempting to overturn the 2020 election had also expressed interest in charging the former president.

The interest was strong enough that it prompted the state’s lead prosecutor to request that the grand jury not indict the former president and give a PowerPoint presentation to explain his reasoning, according to court documents.

Trump has been charged at the federal level for his efforts to upend Joe Biden’s legitimate 2020 election victory by special counsel Jack Smith and in Georgia by Fulton County District Attorney Fani Willis.

Prosecutors will point to their request that the grand jury not indict Trump during Monday’s hearing in an effort to push back on claims by defense attorneys that the case is politically motivated and should be dismissed.

While Trump has not been charged in the Arizona election subversion case, the investigation remains ongoing and prosecutors have not closed the door on potentially indicting more people, including the former president, should evidence emerge to support making that decision, sources tell CNN.

In the meantime, prosecutors in Arizona are forging ahead with their case against the 18 others who have been charged and are eying a potential trial date in early 2025.

Arizona prosecutors secured their first victory earlier this month when former Trump 2020 campaign lawyer Jenna Ellis agreed to cooperate in exchange for the charges against her being dropped.

Ellis is expected to testify against other defendants in the criminal case as part of her deal. She was originally charged with multiple felony counts related to her alleged role in the effort to put forward fake slates of electors as part of a broader conspiracy to overturn the 2020 election results on Trump’s behalf.

One of the Arizona fake electors facing state level criminal charges also reached a plea deal with prosecutors earlier this month.

Loraine Pellegrino, who signed the fraudulent document at the center of the state attorney general’s case, agreed to plead guilty to the false document charge against her and the rest of her charges were dismissed.

Like the other Arizona fake electors and Trump allies charged in the case, Pellegrino was facing multiple felonies for her alleged role in the alleged conspiracy.

The other defendants in the Arizona case, including several prominent state Republican party members and Boris Epshteyn, a former White House aide who remains one of Trump’s closest advisers, have pleaded not guilty.

Meadows hearing next month

Separately, attorneys for Trump’s former chief of staff Mark Meadows say the Arizona indictment “squarely relates” to Meadows’ official conduct as Trump’s last chief of staff and therefore his case should be moved to federal court.

“Nothing Mr. Meadows is alleged in the indictment to have done is criminal per se. Rather, it consists of allegations that he received (and occasionally responded to) messages from people who were trying to get ideas in front of President Trump or seeking to inform Mr. Meadows about the strategy and status of various legal efforts by the President’s campaign,” they wrote in a federal court filing.

“This is precisely the kind of state interference in a federal official’s duties that the Supremacy Clause of the U.S. Constitution prohibits, and that the removal statute shields from adjudication in a state court,” the attorneys argued.

US District Judge John Tuchi scheduled a hearing for September 5. Tuchi was a nominee of then-President Barack Obama.

Meadows is no stranger to the legal gambit. Last year, he mounted a similar effort in Georgia after he was indicted in Fulton County on similar 2020 election subversion state charges.

This story has been updated with additional developments.

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