Attorney general reveals that an Arizona grand jury was considering charging Trump with a crime related to fake electors in the 2020 election.

• A court filing reveals that an Arizona grand jury that indicted 18 allies of former President Donald Trump on criminal charges related to his 2020 election loss in the state was also considering indicting Trump himself.
• The Republican presidential nominee, Trump, was not indicted by the grand jury at the request of the attorney general's office, according to the filing.
• In April, an indictment was filed against former lawyer Rudy Giuliani, White House chief of staff Mark Meadows, and other defendants, with Trump being referred to as Unindicted Co-Conspirator 1.

The Arizona grand jury that indicted 18 allies of former President Donald Trump on criminal charges related to trying to overturn his 2020 election loss in the state was also considering indicting Trump himself, but was asked not to do so by the state attorney general's office, according to a new court filing.

The Attorney General's office revealed that a grand jury is considering charging Trump in a filing that refuted the claim of political bias made by many defendants in the fake electors case.

Trump, the Republican nominee for president, is mentioned as Unindicted Co-Conspirator 1 in the indictment filed in April against his former lawyer Rudy Giuliani, his White House chief of staff Mark Meadows, and other defendants in Maricopa County Superior Court.

The filing in court on Tuesday, which was first reported by The New York Times, stated that "it is facts, not defendants' declarations, that matter." Mayes' office made this clear in the document.

The Attorney General's Office informed the State Grand Jury on several occasions that they had the option to decline to indict anyone, according to the office's statement.

"The Attorney General's Office, despite the Grand Jury's interest in doing so, requested that the Grand Jury refrain from indicting Donald Trump. Additionally, the Attorney General's Office asked the Grand Jury not to indict Republican members and members-elect of the Arizona Legislature who had signed onto a false document purporting to be a joint resolution on December 14, 2020. An attorney for the Arizona Republican Party and others associated with the defendants were also involved in this request."

A U.S. Justice Department policy was the basis for a prosecutor's decision not to indict Trump on charges.

Last year, Trump faced charges in federal court in Washington, D.C., for crimes related to his attempts to overturn his 2020 loss to Biden, as well as in state court in Atlanta for trying to reverse Biden's victory in Georgia that year.

"The Arizona prosecutor advised the grand jurors to carefully consider the policy before making a decision, as that was the reason why they had not recommended a charge against him despite their interest in doing so, according to a transcript quoted in Tuesday's filing."

The prosecutor acknowledged that some people might find it disappointing, saying, "And I understand," according to the transcript.

According to the transcript, the prosecutor stated that indicting someone, including the president, is a significant matter to consider.

CNBC has requested comment from a spokesman for Trump on the filing.

On Monday, Mayes' office declared that it was abandoning felony charges against Jenna Ellis, a lawyer who had collaborated closely with Giuliani on nationwide efforts to challenge Biden's victory in 2020.

On Tuesday, Lorraine Pellegrino, a Republican activist and defendant in the case, pleaded guilty to a misdemeanor charge of submitting a false document.