PHOENIX — A judge has withdrawn from overseeing the case involving so-called fake electors in Arizona following the emergence of an email in which he criticized attacks aimed at Vice President Kamala Harris during her presidential campaign.
The email, dated August 29, was sent by Maricopa County Judge Bruce Cohen, who expressed regret for not speaking up sooner when Harris was labeled a “DEI hire.” He emphasized the responsibility of white men to stand against discrimination faced by women and referenced a historical lesson from the Holocaust regarding the importance of speaking out in the face of injustice. Although Cohen did not identify the individual who made comments about Harris, his message was clear.
Cohen articulated that it was vital for colleagues who identify as people of color not to face attacks alone, particularly when their merits are questioned as merely the result of equity hiring. Later, he sent another correspondence to fellow judges, admitting that his strong feelings had affected his perspective and apologized to anyone who might have been affected.
The legal representatives for Republican state Senator Jake Hoffman, who is facing nine felony charges in the case, called for Cohen’s removal, contending that he exhibited a profound personal political bias that compromised his professional judgment. They further claimed that Hoffman has lost trust in the judge’s neutrality.
Hoffman is one of 11 Republicans accused of falsely asserting that then-President Donald Trump had won Arizona in the 2020 election. The group includes a former state party leader, a 2022 U.S. Senate candidate, and two current state lawmakers. Additionally, charges have been brought against two former aides to Trump and five lawyers associated with him, including Rudy Giuliani. All individuals involved are facing charges related to forgery, fraud, and conspiracy.
In court documentation, Cohen defended his initial email as a call for decency, asserting it did not reflect personal bias, though he acknowledged that others may interpret it differently. Appointed to the bench by Democratic Governor Janet Napolitano in 2005, Cohen was set to retire in January. Many defendants had requested Cohen to dismiss the charges, which they argued are frivolous and aim to hinder their rights to express opinions about the 2020 election. A law amended in 2022 provides some protections for individuals facing criminal allegations based on unfounded legal actions. Cohen recused himself prior to making a judgment on whether to dismiss the case, and it will be reassigned to a different judge.
The defendants contended that Democratic Attorney General Kris Mayes is leveraging the charges to stifle their constitutionally guaranteed speech concerning the election and their subsequent actions. They claimed that Mayes, who campaigned on a platform to investigate the fake elector situation, demonstrated a bias against Trump and his supporters.
Prosecutors countered that the defendants lacked evidence to support their assertion of retaliation, arguing that their conduct transitioned from protected speech to outright fraud. The grand jury that issued the indictment had reportedly been interested in charging Trump as well, but prosecutors advised against it. A couple of defendants have already resolved their legal troubles.
Jenna Ellis, a former Trump campaign attorney, entered into a cooperation agreement with the prosecutors, which led to the dismissal of her charges. Republican activist Loraine Pellegrino became the first individual convicted in connection with the Arizona case after pleading guilty to a misdemeanor, earning a sentence of probation.
The remaining defendants have maintained their innocence regarding the charges against them. Although Trump himself has not been charged in Arizona, he is mentioned in the indictment as an unindicted coconspirator.
