Judge recuses himself in Arizona fake elector case after urging response to attacks on Kamala Harris
PHOENIX — A judge denied himself the presidency on Tuesday Arizona’s Fake Voter Case after an email surfaced in which he told fellow judges to speak out against attacks on Democratic Vice President Kamala Harris’ campaign for president.
In the Aug. 29 email, Maricopa County Judge Bruce Cohen complained that he failed to speak up when Harris was called a “DEI hire.” He believes that white men should speak out against the unfair treatment of women, and brought up a historical lesson from the Holocaust about the need to speak up when people are attacked. Cohen did not specify who made the comment about Harris.
“We cannot allow our colleagues who identify as a ‘person of color’ to stand alone while there are those (who) claim their ascension was an ‘equity hire’ rather than based solely on exceptionalism,” said the judge against his colleagues. in the email. Cohen later wrote another email telling his fellow judges that he had let his passion cloud his opinion and apologizing to anyone affected by his lapse in judgment.
Lawyers for Republican Sen. Jake Hoffman, who faces nine charges in the case, requested the judge’s removal, arguing that Cohen “has a deep-seated personal political bias that exceeds his professional judgment” and that their client has lost confidence in the judge. impartiality.
Hoffman is one of 11 Republicans who filed a document with Congress falsely declaring that then-President Donald Trump won Arizona in the 2020 election. They include the former state party chairman, a candidate for 2022 U.S. Senate and two sitting state legislators. Two former Trump aides and five lawyers associated with Trump, including Rudy Giulianiwere also charged in the case. All 18 people were charged with forgery, fraud and conspiracy.
In a court filing, Cohen said the original email was a sign of decency and did not reflect personal bias, but he acknowledged that others may view it differently than he intended. Cohen, who was appointed to the bench by Democratic Gov. Janet Napolitano in 2005, was scheduled to retire in January. Most of the defendants had asked Cohen to dismiss the charges under an Arizona law that bars the use of baseless legal actions in an attempt to silence critics. The law long provided protection in civil cases, but was amended by the Republican-led Legislature in 2022 to cover people who face the most criminal charges. Cohen retaliated before deciding to dismiss the case, which will be assigned to another judge.
The defendants argued that Democratic Attorney General Kris Mayes tried to use the indictment to silence them over their constitutionally protected speech about the 2020 election and actions taken in response to the outcome of the race. They say Mayes campaigned to investigate the fake voter case and has shown bias against Trump and his supporters.
Prosecutors said the defendants had no evidence to support their retaliation claim and that they had crossed the line from protected speech to fraud. Mayes’ office has also said the grand jury that brought the indictment wanted to consider it Indict Trumpbut prosecutors urged them not to do so. Two suspects have already settled their cases.
Former Trump campaign lawyer Jenna Ellis, who worked closely with Giuliani, signed a cooperation agreement with prosecutors leading to the dismissal of her charges. Republican activist Loraine Pellegrino also became the first person to be convicted in the Arizona case, when she pleaded guilty to a misdemeanor and was sentenced to probation.
The other defendants have pleaded not guilty to the charges. Trump was not charged in Arizona, but the indictment names him as an unindicted co-conspirator.