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Case 1:23-cr-00257-TSC
Document 1
Filed 08/01/23
Page 11 of 45

17. On December 4, the Arizona House Speaker issued a public statement that said, in part:

No election is perfect, and if there were evidence of illegal votes or an improper count, then Arizona law provides a process to contest the election: a lawsuit under state law. But the law does not authorize the Legislature to reverse the results of an election.

As a conservative Republican, I don’t like the results of the presidential election. I voted for President Trump and worked hard to reelect him. But I cannot and will not entertain a suggestion that we violate current law to change the outcome of a certified election.

I and my fellow legislators swore an oath to support the U.S. Constitution and the constitution and laws of the state of Arizona. It would violate that oath, the basic principles of republican government, and the rule of law if we attempted to nullify the people’s vote based on unsupported theories of fraud. Under the laws that we wrote and voted upon, Arizona voters choose who wins, and our system requires that their choice be respected.

18. On the morning of January 4, 2021, Co-Conspirator 2 called the Arizona House Speaker to urge him to use a majority of the legislature to decertify the state’s legitimate electors. Arizona’s validly ascertained electors had voted three weeks earlier and sent their votes to Congress, which was scheduled to count those votes in Biden’s favor in just two days’ time at the January 6 certification proceeding. When the Arizona House Speaker explained that state investigations had uncovered no evidence of substantial fraud in the state, Co-Conspirator 2 conceded that he “[didn’t] know enough about facts on the ground” in Arizona, but nonetheless told the Arizona House Speaker to decertify and “let the courts sort it out.” The Arizona House Speaker refused, stating that he would not “play with the oath” he had taken to uphold the United States Constitution and Arizona law.

19. On January 6, the Defendant publicly repeated the knowingly false claim that 36,000 non-citizens had voted in Arizona.

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