Arizona Prosecutors Have Found 'Gold' Against Trump Allies: Legal Analyst

The indictment in the Arizona fake electors plot unsealed on Wednesday contains one piece of "gold" evidence for prosecutors, a legal expert has said.

Arizona Attorney General Kris Mayes' office has charged 18 people, including former New York Mayor Rudy Giuliani, lawyer Jenna Ellis and longtime Donald Trump adviser Boris Epshteyn in connection with a plot to allegedly falsely claim that Trump had won the 2020 presidential election in Arizona. The former president has not been charged as part of the probe but is referred to as "Unindicted Coconspirator 1" throughout the indictment.

Newsweek has reached out to Trump's team via email for comment.

Former Pentagon special counsel Ryan Goodman noted one section of the indictment suggesting that those close to Donald Trump were aware of a plan to certify "illegal votes" as part of their alleged scheme.

In a post on X, formerly Twitter, Goodman highlighted a section of the indictment that discussed how some members of Trump's inner circle refused to support the alleged fake electors scheme.

"Gold in hands of Arizona (and federal) prosecutors: Trump campaign draft announcement to have false electors vote, White House lawyer Eric Herschmann texted: 'Certifying illegal votes,'" Goodman posted.

"Those on texts refuse to put their names on it. Leave it to Rudy [Giuliani], Boris [Epshteyn], Jenna [Ellis] to do that."

The indictment stated that on December 13, 2020, Herschmann, Trump advisor Jason Miller, campaign deputy manager Justin Clark, and campaign communications director Tim Murtaugh were texting each other about the alleged plot.

Per the indictment, Murtaugh was preparing to release a statement the following day stating: "As election contests continue in various states, the only prudent course was to have the President's electors vote in those places to preserve the campaigns [sic] rights."

In the text chain, Clark responded: "Now, I am not sure what Rudy is telling the president on this stuff so I'm not sure what his expectations are .... Here's the thing the way this has morphed it's a crazy play so I don't know who wants to put their name on it."

In the same message chain, Herschmann responded, "u[c]ertifying illegal votes," according to the indictment.

The indictment said Murtaugh eventually wrote that he was "not comfortable putting that statement out .... I can't stand by it. From the looks of it, neither can any of you."

Clark replied: "I cannot. They need to put their names on it. Rudy, Boris and Jenna."

Replying to Goodman's post sharing the "illegal votes" section of the indictment, George Conway, lawyer and frequent critic of Trump, posted: "The truth is, these aren't very bright guys, and things got out of hand."

In a statement to Newsweek on Wednesday, Ted Goodman, a spokesperson for Giuliani, hit out at the "continued weaponization of our justice system" after charges were filed in Arizona.

"It's unfortunate to see so many so-called 'leaders' who are willing to eviscerate our entire justice system in their quest to take down the biggest threat to their grasp on power—President Donald Trump and anyone willing to take on the ruling regime," Goodman said.

Ellis and Epshteyn have been contacted for comment via email and phone respectively.

Testimony from Herschmann was previously released by the House select committee investigating the January 6 attack on the Capitol.

Herschmann said he told Trump lawyer John Eastman, who is also charged in the Arizona fake elector scheme, "are you out of your f****** mind?" as Eastman allegedly kept pushing false election fraud claims in a phone call one day after the Capitol riot in January 2021.

Herschmann told the committee he advised Eastman that the "best free legal advice you're ever getting in your life," is to "get a great f****** criminal defense lawyer, you're going to need it."