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Judge recuses himself in Arizona fake voter case after demanding response to attacks on Kamala Harris
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Judge recuses himself in Arizona fake voter case after demanding response to attacks on Kamala Harris

PHOENIX (AP) — A judge recused himself Tuesday from presiding The case of fake voters in Arizona after an email surfaced in which he asked his fellow judges to denounce attacks on Democratic Vice President Kamala Harris’ presidential campaign.

In the Aug. 29 email, Maricopa County Judge Bruce Cohen lamented not speaking out when Harris was called a “DEI recruiter,” saying white men must speak out against the treatment unfair treatment of women and drew a historical lesson from the affair. The Holocaust on the need to speak out when people are attacked. Cohen did not say who made the comment regarding Harris.

“We cannot allow our colleagues who identify as a ‘person of color’ to stand alone while some (who) can claim their rise was ‘hiring in stock’ rather than based solely on exceptional character,” the judge told his colleagues. in the email.

Cohen then wrote another email telling his fellow judges that he had let his passion cloud his opinions and apologized to anyone affected by his error in judgment using an email forum for judges who was not appropriate for unsolicited comments.

Lawyers for Republican Sen. Jake Hoffman, who faces nine criminal charges in the case, have called for the judge to be removed, arguing that Cohen “has a deep-seated personal political bias that overrode his professional judgment” and that their client lost confidence in the judge. impartiality.

Hoffman is one of 11 Republicans who submitted a document to Congress falsely stating that then-President Donald Trump won Arizona in the 2020 election. They include the state’s former party chairman , a candidate for U.S. Senate in 2022, and two sitting state legislators. Two former Trump aides and five Trump-linked lawyers, including Rudy Giulianiwere also charged in this case. The 18 people were charged with forgery, fraud and conspiracy.

“Given the statements made by the judge, I think it is appropriate for him to recuse himself,” Arizona attorney Mark L. Williams, who represents Giuliani, said after Cohen’s ruling. “In my opinion, the case against Mr. Giuliani and the other defendants is collapsing and I think the attorney general should just end the case and file it.”

A spokesperson for Arizona Attorney General Kris Mayes declined to comment on the judge’s recusal.

In a court filing, Cohen said the original email was a show of decency and did not reflect personal bias, but he acknowledged that others might 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 drop the charges under an Arizona law that prohibits the use of meritless lawsuits to silence critics. The law had long provided protections in civil cases but was changed in 2022 by the Republican-led Legislature to cover people facing most criminal charges.

Cohen recused himself before deciding whether to dismiss the case, which will be assigned to another judge.

The defendants argued that Mayes attempted to use the charges to silence them over their constitutionally protected speech about the 2020 election and actions taken in response to the race’s outcome. They claim Mayes campaigned to investigate the fake voter scandal and showed bias against Trump and his supporters.

Prosecutors said the defendants had no evidence to support their claims of retaliation and that they crossed the line between protecting speech and fraud. Mayes’ office also said the grand jury that filed the indictment wanted to consider accuse Trumpbut prosecutors urged them not to do so.

Two defendants have already resolved their cases.

Jenna Ellis, a former Trump campaign lawyer who worked closely with Giuliani, signed a cooperation agreement with prosecutors, leading to his charges being dismissed. Republican activist Loraine Pellegrino also became the first person to be convicted in the Arizona case when she pleaded guilty to a misdemeanor charge and was sentenced to probation.

The other defendants have pleaded not guilty to the charges against them. Trump has not been charged in Arizona, but the indictment calls him an unindicted co-conspirator.

Michigan Attorneys, Nevada, Georgia And Wisconsin also filed criminal charges related to the fake voter scheme.

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Associated Press writer Anita Snow contributed to this report.