Arizona's fake electors, Trump allies have been indicted by a grand jury. What's that?
A secret grand jury of Arizonans has indicted 11 Republicans and seven top advisers to former President Donald Trump on charges they conspired to keep Trump in power by forging official documents they sent to Congress in 2020.
Arizona Attorney General Kris Mayes, a Democrat, announced the indictment on Wednesday, the culmination of a 13-month investigation that she has largely sought to keep out of the public eye.
Much of what the grand jury considered in reaching its charging decision is secret and will likely remain that way. Here's what state law and court rules say about how grand juries work in Arizona.
Charged: Arizona grand jury's indictment of fake electors
What is the job of a state grand jury?
The state grand jury can investigate and bring indictments for certain crimes. Those include matters involving public funds and fraud, theft and drug crimes that span multiple counties, among others.
Arizona also has county grand juries that can consider a broader set of criminal cases, too. State grand juries follow the laws that apply to county grand juries, as well as their own set of laws.
How many jurors are there?
State grand juries serve for terms of six months, Arizona law says, and may hear many cases during that time. Like county grand juries, they include 12 to 16 members, according to state law and court rules.
How does a grand jury work?
A county prosecutor or prosecutors within the Arizona Attorney General's Office present witnesses and evidence to the jurors, who then determine which charges are applicable. The prosecutor is like a guide for the jurors' work and drafts an indictment for the jurors to consider, but the jurors can make changes or bring other criminal charges.
How many jurors must agree to bring charges?
At least nine of the jurors must agree to indict someone, according to state law. If nine do not agree, they do not bring charges.
What is the legal standard to bring charges?
After hearing evidence, if the grand jury is convinced there is probable cause someone is guilty of a crime, it can bring charges. At a trial, which judges a person's guilt or innocence, prosecutors must prove someone is guilty beyond a reasonable doubt, a higher standard than is required for grand juries.
Why is the proceeding secret?
In Arizona, it is a misdemeanor crime to disclose "the nature or substance of any grand jury testimony or any decision, result or other matter attending a grand jury proceeding." The law includes a caveat that disclosure can occur "in the proper discharge of official duties," but that has largely been interpreted by prosecutors as requiring secrecy.
Court rules require the indictment be kept secret until the person charged is in custody or served with a summons, and says no one can disclose the contents of an indictment except if necessary to make an arrest or serve a summons to appear in court.
Read more about the charges: Grand jury indicts fake electors who falsely certified Donald Trump as 2020 winner in Arizona
Reach reporter Stacey Barchenger at stacey.barchenger@arizonarepublic.com or 480-416-5669.
This article originally appeared on Arizona Republic: Arizona fake electors: What is a grand jury?
