Andy Biggs to Kris Mayes: Drop the fake elector case and resign. Or else. Cue laughter

Rep. Andy Biggs and two other congressmen are demanding that Arizona Attorney General Kris Mayes drop all criminal charges in the fake elector scheme and resign by June 1.

“If you do not, we the undersigned look forward to using the full extent of our authorized powers to rectify your abuse of office,” the letter ominously ends.

I’m not sure what authorized powers three congressmen have to “rectify” anything involving a state elected official.

Or a state prosecution on charges brought by a state grand jury. Two of the three can’t even vote here.

But no doubt, Mayes is … getting a good laugh over it.

Biggs knows why charges were brought now

The three congressmen — Biggs along with Republican Reps. Josh Brecheen of Oklahoma and Troy Nehls of Texas — accused the Democratic attorney general of criminalizing speech and embarking upon a “political witch hunt” to boost President Joe Biden’s reelection prospects.

All three are members of the hard right House Freedom Caucus.

“Why was this case not brought forth earlier?” they asked in a May 17 letter written by Brecheen and obtained by Breitbart News. “Why did the last attorney general not bring this forward? Why did you wait until the election year to bring the case forward?”

Perhaps the case wasn’t brought forth earlier because Mayes’ Republican predecessor, Mark Brnovich, was too busy chasing after Donald Trump’s endorsement for his ultimately unsuccessful 2022 Senate campaign?

Had Brnovich done his job then, the fake electors and Trump’s allies who plotted to try to overturn Arizona’s vote likely wouldn’t be summoned to court now, in an election year, in a battleground state.

Fake electors' speech didn't get them indicted

But the strangest part of their strange letter is their claim that Mayes is trying to criminalize speech.

“Every American has the right to free speech, including the right to question the results of elections,” their letter says. “Your choice to indict American citizens for expressing constitutional rights represents the worst of machine politics, and we intend to take every action available to Congress to rectify your decision.”

Every American does indeed have the right to free speech. But it’s not their speech that landed these 18 people in a Maricopa County courtroom.

Arizona lawmaker says: Fake electors are like civil rights heroes

The 11 fake electors signed paperwork falsely declaring that they were “duly elected and qualified” to cast Arizona’s electoral votes for Donald Trump. Then they sent that so-called official certification to Congress and the National Archives as part of plan to block the transfer of power to the guy who won.

There was no caveat in the paperwork that they were “alternate electors,” as there was in Pennsylvania and New Mexico, to be considered only in the event that legal challenges to the election were successful.

They simply declared themselves duly elected to cast Arizona’s vote for Trump.

They didn't just speak about a stolen election

The other seven indictees, including then-White House Chief of Staff Mark Meadows and Trump attorney Rudy Giuliani, stand accused of scheming up and/or taking part in the fake elector strategy to try to overturn Arizona’s vote.

Spreading false claims that the 2020 election was stolen is not a crime. If it was, the jails would be chock full of Republicans, with Kari Lake leading the chain gang.

Taking to the floor of the U.S. House, as Biggs and Rep. Paul Gosar did, on Jan. 6, 2021, and urging Congress to reject their own state’s vote on the basis of a lie? That’s also not a crime (though it is an absolute outrage).

But spreading false claims that Arizona’s election was stolen while also quietly executing a plan to overturn the election in a key battleground state?

That’ll get you indicted every time — or it should.

Mayes must be laughing her head off

Yet there are Biggs and his Oklahoma and Texas pals, trying to throw their (non-existent) weight around on a state prosecution.

“Your choice to indict American citizens for expressing constitutional rights represents the worst of machine politics, and we intend to take every action available to Congress to rectify your decision,” they wrote.

A spokesman for Mayes’ office didn't respond to a request for comment.

But then, it’s hard to say much when you’re busy laughing your head off.

Reach Roberts at laurie.roberts@arizonarepublic.com. Follow her on X (formerly Twitter) at @LaurieRoberts.

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This article originally appeared on Arizona Republic: Rep. Andy Biggs demands Kris Mayes resign over fake elector case