Judge Steps Down in Arizona Fake Elector Case Following Kamala Harris Controversy

A significant development unfolded in Arizona’s fake electors case on Tuesday as Maricopa County Judge Bruce Cohen recused himself from the proceedings. This decision followed the emergence of an email in which Cohen expressed his concerns about attacks on Democratic Vice President Kamala Harris during her presidential campaign.

In the email dated August 29, Cohen reflected on missed opportunities to defend Harris against derogatory remarks, including references to her as a “DEI hire.” He urged fellow judges, particularly white men, to advocate for those facing gender discrimination, drawing a historical comparison to the Holocaust to emphasize the importance of speaking out against injustice.

Cohen later acknowledged his mistake in using a judges’ communication forum for his passionate commentary, apologizing for any potential missteps. This apology came after legal representatives for Republican state Sen. Jake Hoffman called for Cohen’s removal, citing concerns over perceived political bias impacting his judicial impartiality.

Hoffman is among 11 Republican figures accused of submitting a fraudulent document to Congress, falsely asserting that then-President Donald Trump won Arizona in the 2020 election. This group includes notable political figures such as the former state party chair and two current state lawmakers, as well as aides and lawyers associated with Trump.

Mark L. Williams, an attorney for Giuliani, expressed that given Cohen’s comments, his recusal was warranted. Williams suggested that the case against his client appears to be weakening and advocated for the attorney general to dismiss it altogether.

The Arizona Attorney General’s Office, however, refrained from commenting on the judge’s recusal. In his defense, Cohen stated that while the original email represented a stand for decency, he recognized that interpretations can vary widely among individuals.

Cohen, appointed to the bench in 2005 by Democratic Governor Janet Napolitano, is scheduled to retire in January. Prior to his recusal, he was considering a request from the defendants to dismiss charges based on a state law aimed at preventing the use of baseless legal actions to intimidate critics.

The defendants assert that the charges aim to suppress their constitutionally protected speech concerning the 2020 election. However, prosecutors maintain the allegations transition from protected speech into the realm of fraud, dismissing the defendants’ claims of retaliation due to insufficient evidence.

Some resolution has been seen, with two defendants already having their cases settled. Former Trump attorney Jenna Ellis has agreed to cooperate with prosecutors, resulting in the dismissal of her charges, while Republican activist Loraine Pellegrino pleaded guilty to a misdemeanor and received probation.

The remaining defendants continue to maintain their innocence, with Trump not facing charges in Arizona, though he is referred to as an unindicted co-conspirator in the indictment. Similar legal actions related to the fake electors scheme have emerged in other states including Michigan, Nevada, Georgia, and Wisconsin.

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Associated Press writer Anita Snow contributed to this report.