Left: Jenna Ellis pleads guilty to a felony count of aiding and abetting false statements and writings, Oct. 24, 2023 (AP Photo/John Bazemore, Pool, File). Right: Former New York City mayor, Rudy Giuliani, is seen in a vehicle that is driving past a pro-Palestine rally at Columbia University on April 23, 2024. (Photo by Jimin Kim / SOPA Images/Sipa USA)(Sipa via AP Images)
Conservative attorney Jenna Ellis has agreed to cooperate in the Arizona case against 11 “alternate” or fake electors and several other Trump-linked lawyers, prosecutors announced on Monday afternoon.
The onetime pro-Donald Trump attorney signed a cooperation agreement on Monday morning in exchange for the state agreeing to dismiss the four pending felony charges against her, according to a press release issued by Arizona Attorney General Kris Mayes.
“This agreement represents a significant step forward in our case,” Mayes said in a statement. “I am grateful to Ms. Ellis for her cooperation with our investigation and prosecution. Her insights are invaluable and will greatly aid the State in proving its case in court. As I stated when the initial charges were announced, I will not allow American democracy to be undermined — it is far too important. Today’s announcement is a win for the rule of law.”
In April, the fake electors were indicted along with attorneys Ellis, Rudy Giuliani, Boris Epshteyn, Christina Bobb, and John Eastman — though the names beyond those of the fake electors were redacted in the original indictment. Also indicted were erstwhile Trump White House chief of staff Mark Meadows and Trump 2020 campaign aide Mike Roman, who face similar election subversion charges in Georgia.
Ellis, for her part, was charged with one count of conspiracy, two counts of fraudulent schemes and artifices, and six counts of forgery in the Grand Canyon State. She previously pleaded guilty to one election subversion-related charge in the Peach State.
Efforts to subvert the results of the 2020 election in Arizona election included multiple failed lawsuits. Those lawsuits were predicated on an effort to have the GOP-controlled state legislature declare the results invalid and then, later, appoint a slate of electors who would vote for Trump — instead of the actual winner, President Joe Biden.
While the lawsuits and the legislature did not help the effort, the fake electors met anyway — and, to much fanfare and attention, publicly signed a document holding themselves out as legitimate electors. The pageantry was documented, and broadcast, as “The Signing” on the Arizona GOP’s social media accounts.
The full indictment, included as an exhibit to a motion to dismiss Ellis’ charges without prejudice, takes stock of the role she played in the alleged scheme — noting her at-the-time close work with Giuliani.
“She made false claims of widespread election fraud in Arizona and six other states,” the indictment reads. “[She] encouraged the Arizona Legislature to change the outcome of the election. She also encouraged Pence to accept the false Arizona Republican electors’ votes on January 6, 2021.”
The indictment sketches out some more of Ellis’ conduct:
On December 1, 2020, GIULIANI (012) held a meeting at the Arizona Legislature with three associates, including JENNA ELLIS (015). Also present at the meeting were several Republican legislators, including [State House Speaker Rusell “Rusty”] Bowers. GIULIANI (012) and his team asked Bowers to hold a committee hearing on the election. When Bowers asked for any proof of election fraud, GIULIANI (012) said he had proof, but ELLIS (015) that it was left back in the hotel room. Bowers left the meeting shortly thereafter. The alleged proof was never provided to Bowers.
More Law&Crime coverage: Judge slams Rudy Giuliani’s lawyer in fake elector case for ‘irrelevant’ comparisons to George Washington, reminds him of Rules of Professional Responsibility
The indictment alleged that Ellis was supposed to take part in a conference call about the electors’ signing efforts. That conference call was specifically intended to address how several members of Trump’s campaign — including at least one attorney — refused to endorse the fake electors scheme.
In June, Ellis sat down with prosecutors at length during a so-called “proffer” or “free talk” and discussed what she knew about the case — and how her knowledge and files might help the state.
“As part of the free talk agreement, the Attorney General’s Office had agreed to evaluate in good faith whether cooperation is in the State’s best interest,” the cooperation agreement reads. “In doing so, the Attorney General’s Office has determined that cooperation is in its best interest.”
Read Ellis’ cooperation agreement in full here. A separate document, in which she waived certain rights as a defendant, can be read here.
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