Arizona prosecutors pressing the case against Republicans who are accused of trying to overturn the 2020 election results in President Donald Trump’s favor were dealt a setback when a judge ordered the case be sent back to a grand jury.

Arizona’s fake elector case remains alive after Friday’s ruling by Maricopa County Superior Court Judge Sam Myers, but it’s being sent back to the grand jurors to determine whether there’s probable cause that the defendants committed the crimes.

The decision, first reported by the Washington Post, centered on the Electoral Count Act, a law that governs the certification of a presidential contest and was part of the defendants’ claims they were acting lawfully.

While the law was discussed when the case was presented to the grand jury and the panel asked a witness about the law’s requirements, prosecutors didn’t show the statute’s language to the grand jury, Myers wrote. The judge said a prosecutor has a duty to tell grand jurors all the applicable law and concluded the defendants were denied “a substantial procedural right as guaranteed by Arizona law.”

Richie Taylor, a spokesperson for Arizona Attorney General Kris Mayes, a Democrat whose office is pressing the case in court, said in a statement that prosecutors will appeal the decision. “We vehemently disagree with the court,” Taylor said.

Mel McDonald, a former county judge in metro Phoenix and former U.S. Attorney for Arizona, said courts send cases back to grand juries when prosecutors present misleading or incomplete evidence or didn’t properly instruct panel members on the law.

“They get granted at times. It’s not often,” said McDonald, who isn’t involved in the case.

In all, 18 Republicans were charged with forgery, fraud and conspiracy. The defendants consist of 11 Republicans who submitted a document falsely claiming Trump won Arizona, two former Trump aides and five lawyers connected to the former president, including Rudy Giuliani.

Two defendants have already resolved their cases, while the others have pleaded not guilty to the charges. Trump wasn’t charged in Arizona, but the indictment refers to him as an unindicted coconspirator.

Most of the defendants in the case also are trying to get a court to dismiss their charges under an Arizona law that bars using baseless legal actions in a bid to silence critics.

They argued Mayes tried to use the charges to silence them for their constitutionally protected speech about the 2020 election and actions taken in response to the race’s outcome. Prosecutors said the defendants didn’t have evidence to back up their retaliation claim and that they crossed the line from protected speech to fraud.

Eleven people who had been nominated to be Arizona’s Republican electors met in Phoenix on Dec. 14, 2020, to sign a certificate saying they were “duly elected and qualified” electors and claimed Trump had carried the state in the 2020 election.

President Joe Biden won Arizona by 10,457 votes. A one-minute video of the signing ceremony was posted on social media by the Arizona Republican Party at the time. The document later was sent to Congress and the National Archives, where it was ignored.

Prosecutors in Michigan, Nevada, Georgia and Wisconsin have also filed criminal charges related to the fake electors scheme.

The Supreme Court on Friday barred the Trump administration from quickly resuming deportations of Venezuelans under an 18th-century wartime law enacted when the nation was just a few years old.

Over two dissenting votes, the justices acted on an emergency appeal from lawyers for Venezuelan men who have been accused of being gang members, a designation that the administration says makes them eligible for rapid removal from the United States under the Alien Enemies Act of 1798.

The court indefinitely extended the prohibition on deportations from a north Texas detention facility under the alien enemies law. The case will now go back to the 5th U.S. Circuit Court of Appeals, which declined to intervene in April.

President Donald Trump quickly voiced his displeasure. “THE SUPREME COURT WON’T ALLOW US TO GET CRIMINALS OUT OF OUR COUNTRY!” he posted on his Truth Social platform.

The high court action is the latest in a string of judicial setbacks for the Trump administration’s effort to speed deportations of people in the country illegally. The president and his supporters have complained about having to provide due process for people they contend didn’t follow U.S. immigration laws.

The court had already called a temporary halt to the deportations, in a middle-of-the-night order issued last month. Officials seemed “poised to carry out removals imminently,” the court noted Friday.

Several cases related to the old deportation law are in courts

The case is among several making their way through the courts over Trump’s proclamation in March calling the Tren de Aragua gang a foreign terrorist organization and invoking the 1798 law to deport people.

The high court case centers on the opportunity people must have to contest their removal from the United States — without determining whether Trump’s invocation of the law was appropriate.

“We recognize the significance of the Government’s national security interests as well as the necessity that such interests be pursued in a manner consistent with the Constitution,” the justices said in an unsigned opinion.

At least three federal judges have said Trump was improperly using the AEA to speed deportations of people the administration says are Venezuelan gang members. On Tuesday, a judge in Pennsylvania signed off on the use of the law.

The court-by-court approach to deportations under the AEA flows from another Supreme Court order that took a case away from a judge in Washington, D.C., and ruled detainees seeking to challenge their deportations must do so where they are held.

In April, the justices said that people must be given “reasonable time” to file a challenge. On Friday, the court said 24 hours is not enough time but has not otherwise spelled out how long it meant. The administration has said 12 hours would be sufficient. U.S. District Judge Stephanie Haines ordered immigration officials to give people 21 days in her opinion, in which she otherwise said deportations could legally take place under the AEA.

The Supreme Court on Friday also made clear that it was not blocking other ways the government may deport people. Justices Samuel Alito and Clarence Thomas dissented, with Alito complaining that his colleagues had departed from their usual practices and seemingly decided issues without an appeals court weighing in. “But if it has done so, today’s order is doubly extraordinary,” Alito wrote.

In a separate opinion, Justice Brett Kavanaugh said he agreed with the majority but would have preferred the nation’s highest court to jump in now definitively, rather than return the case to an appeals court. “The circumstances,” Kavanaugh wrote, “call for a prompt and final resolution.”

President Donald Trump on Saturday ripped into Walmart, saying on social media that the retail giant should eat the additional costs created by his tariffs.

As Trump has jacked up import taxes, he has tried to assure a skeptical public that foreign producers would pay for those taxes and that retailers and automakers would absorb the additional expenses. Most economic analyses are deeply skeptical of those claims and have warned that the trade penalties would worsen inflation. Walmart warned on Thursday that everything from bananas to children’s car seats could increase in price.

Trump, in his Truth Social post, lashed out at the retailer, which employs 1.6 million people in the United States. He said the company, based in Bentonville, Arkansas, should sacrifice its profits for the sake of his economic agenda that he says will eventually lead to more domestic jobs in manufacturing.

“Walmart should STOP trying to blame Tariffs as the reason for raising prices throughout the chain,” Trump posted. “Walmart made BILLIONS OF DOLLARS last year, far more than expected. Between Walmart and China they should, as is said, “EAT THE TARIFFS,” and not charge valued customers ANYTHING. I’ll be watching, and so will your customers!!!”

The posting by the Republican president reflected the increasingly awkward series of choices that many major American companies face as a result of his tariffs, from deteriorating sales to the possibility of incurring Trump’s wrath. Trump has similarly warned domestic automakers to not raise their prices, even though outside analyses say his tariffs would raise production costs.

So far, those tariffs have darkened the mood of an otherwise resilient U.S. economy. The preliminary reading of the University of Michigan survey of consumer sentiment on Friday slipped to its second lowest measure on record, with roughly 75% of respondents “spontaneously” mentioning tariffs as they largely expected inflation to accelerate.

In April, Walmart CEO Doug McMillon was among the retail executives who met with Trump at the White House to discuss tariffs. But the Trump administration went forward despite warnings and has attacked other companies such as Amazon and Apple that are struggling with the disruptions to their supply chains.

Walmart chief financial officer John David Rainey said he thinks $350 car seats made in China will soon cost an additional $100, a 29% price increase.

“We’re wired to keep prices low, but there’s a limit to what we can bear, or any retailer for that matter,” he told The Associated Press on Thursday after the company reported strong first-quarter sales.

The administration recently ratcheted down its 145% tariffs on China to 30% for a 90-day period. Trump has placed tariffs as high as 25% on Mexico and Canada due to illegal immigration and drug trafficking, harming the relationship with America’s two largest trading partners.

There is a universal baseline tariff of 10% on most countries as Trump promises to reach trade deals in the coming weeks after having shocked the financial markets in early April by charging higher import taxes based on trade deficits with other countries. Trump insists he intends to preserve the tariffs as a revenue source and that a framework agreement with the United Kingdom would largely keep the 10% tariff rate in place.

Trump has also placed import taxes on autos, steel and aluminum and plans to do so on pharmaceutical drugs, among other products.

The tariffs and Trump’s own reversals on how much he should charge have generated uncertainty across the U.S. economy, such that Federal Reserve Chair Jerome Powell has held the central bank’s benchmark rates steady until there is more clarity. Powell has warned that tariffs can both hurt growth and raise prices.

On Saturday, Trump repeated his calls for Powell to cut the benchmark rates. That could cause inflation to accelerate, but the president has maintained that inflationary pressures have largely disappeared from the economy.

The Trump administration on Thursday asked the Supreme Court to strip temporary legal protections from 350,000 Venezuelans, potentially exposing them to being deported.

The Justice Department asked the high court to put on hold a ruling from a federal judge in San Francisco that kept in place Temporary Protected Status for the Venezuelans that would have otherwise expired last month.

The status allows people already in the United States to live and work legally because their native countries are deemed unsafe for return due to natural disaster or civil strife.

A federal appeals court had earlier rejected the administration’s request.

President Donald Trump’s administration has moved aggressively to withdraw various protections that have allowed immigrants to remain in the country, including ending TPS for a total of 600,000 Venezuelans and 500,000 Haitians. TPS is granted in 18-month increments.

The emergency appeal to the high court came the same day a federal judge in Texas ruled illegal the administration’s efforts to deport Venezuelans under an 18th-century wartime law. The cases are not related.

The protections had been set to expire April 7, but U.S. District Judge Edward Chen ordered a pause on those plans. He found that the expiration threatened to severely disrupt the lives of hundreds of thousands of people and could cost billions in lost economic activity.

Chen, who was appointed to the bench by Democratic President Barack Obama, found the government hadn’t shown any harm caused by keeping the program alive.

But Solicitor General D. John Sauer wrote on behalf of the administration that Chen’s order impermissibly interferes with the administration’s power over immigration and foreign affairs.

In addition, Sauer told the justices, people affected by ending the protected status might have other legal options to try to remain in the country because the “decision to terminate TPS is not equivalent to a final removal order.”

Congress created TPS in 1990 to prevent deportations to countries suffering from natural disasters or civil strife.

A budget airline that serves mostly small U.S. cities began federal deportation flights Monday out of Arizona, a move that’s inspired an online boycott petition and sharp criticism from the union representing the carrier’s flight attendants.

Avelo Airlines announced in April it had signed an agreement with the Department of Homeland Security to make charter deportation flights from Mesa Gateway Airport outside Phoenix. It said it will use three Boeing 737-800 planes for the flights.

The Houston-based airline is among a host of companies seeking to cash in on President Donald Trump’s campaign for mass deportations.

Congressional deliberations began last month on a tax bill with a goal of funding, in part, the removal of 1 million immigrants annually and housing 100,000 people in U.S. detention centers. The GOP plan calls for hiring 10,000 more U.S. Immigration and Customs Enforcement officers and investigators.

Avelo was launched in 2021 as COVID-19 still raged and billions of taxpayer dollars were propping up big airlines. It saves money mainly by flying older Boeing 737 jets that can be bought at relatively low prices. And it operates out of less-crowded and less-costly secondary airports, flying routes that are ignored by the big airlines. It said it had its first profitable quarter in late 2023.

Andrew Levy, Avelo’s founder and chief executive, said in announcing the agreement last month that the airline’s work for ICE would help the company expand and protect jobs.

“We realize this is a sensitive and complicated topic,” said Levy, an airline industry veteran with previous stints as a senior executive at United and Allegiant airlines.

Avelo did not grant an interview request from The Associated Press.

Financial and other details of the Avelo agreement — including destinations of the deportation flights — haven’t publicly surfaced. The AP asked Avelo and ICE for a copy of the agreement, but neither provided the document. The airline said it wasn’t authorized to release the contract.

Several consumer brands have shunned being associated with deportations, a highly volatile issue that could drive away customers. During Trump’s first term, authorities housed migrant children in hotels, prompting some hotel chains to say that they wouldn’t participate.

Avelo was launched in 2021 as COVID-19 still raged and billions of taxpayer dollars were propping up big airlines. It saves money mainly by flying older Boeing 737 jets that can be bought at relatively low prices. And it operates out of less-crowded and less-costly secondary airports, flying routes that are ignored by the big airlines. It said it had its first profitable quarter in late 2023.

Andrew Levy, Avelo’s founder and chief executive, said in announcing the agreement last month that the airline’s work for ICE would help the company expand and protect jobs.