John Eastman, a former Trump attorney and one of 18 people criminally charged in Arizona in connection with an attempt to overturn the results of the 2020 election, moved to dismiss the indictment against him, citing Arizona’s anti-SLAPP law, according to a motion filed Friday.

SLAPP stands for “strategic lawsuit against public participation.” The law creates a framework for cases to be quickly dismissed if a defendant can prove the case was substantially motivated by retaliation because they exercised a constitutional right, like freedom of speech.

Eastman’s attorneys pointed out that Arizona’s anti-SLAPP law is unique in that it can be used to defend against some criminal prosecutions, and they believe their motion is unprecedented. A 2022 amendment by the Legislature provided for the law’s use in criminal cases, the motion states.

“How this Court (and undoubtedly the appellate courts) rule on this motion will therefore profoundly affect the efficacy of the Legislature’s 2022 amendments, not just for this case but for all future criminal cases that implicate First Amendment rights,” Eastman attorney Ashley Adams wrote in the motion filed in Maricopa County Superior Court.

Adams argued Eastman’s exercise of First Amendment rights included “statements about the validity of the 2020 election; election challenges presented in court; and requests for legislative oversight.”

“Public officials have the right to voice their disagreement through open discourse guaranteed by the First Amendment, but they should not use Indictments to silence their opponents, as the Attorney General has tried to do here,” Adams wrote.

The motion claims that even if the accusations against Eastman are true, the U.S. Supreme Court “has held that even false statements are protected by the First Amendment outside certain historically-recognized exceptions such as defamation and incitement.”

The motion further argues that the fake electors’ effort to convince then-Vice President Mike Pence to delay the count of electoral votes or accept the votes of Arizona’s fake electors — because that effort stemmed from “concerns about illegality in the election” — was “constitutionally protected petitioning the government for redress of grievances.”

The motion claims the indictments, sought by Democratic Attorney General Kris Mayes, were politically motivated, and that some people who work for Mayes are politically biased against former President Trump and his supporters.

A spokesperson for Mayes declined to comment on the motion.

The motion asks the court to dismiss the indictment against Eastman or, at the very least, order the Attorney General’s Office to file a response showing that it “did not act in order to deter, prevent or retaliate against the moving party’s exercise of constitutional rights.”

Dennis Wilenchik, who is representing fake elector Jim Lamon, previously told The Arizona Republic he was considering filing a motion to dismiss under Arizona’s anti-SLAPP law.

Kari Lake unsuccessfully tried to use Arizona’s anti-SLAAP law to have a civil defamation case dismissed. Maricopa County Recorder Stephen Richer brought the case over remarks Lake made about the 2022 election, in which Lake lost the governor’s race to Katie Hobbs.

Reporter Stacey Barchenger contributed to this article.

Have a news tip? Reach the reporter at jjenkins@arizonarepublic.com or 812-243-5582. Follow him on X, formerly known as Twitter, @JimmyJenkins.

This article originally appeared on Arizona Republic: John Eastman argues fake elector effort protected by US Constitution