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THEMARICOPAMOD.COM / CRIME

'Fake Elector' case hits major snag as judge recuses himself after embarrassing leak

The leaked email led to questions of political bias.
PUBLISHED NOV 14, 2024
The charges were brought by Democratic Attorney General Kris Mayes.
The charges were brought by Democratic Attorney General Kris Mayes.

Phoenix, Arizona: In a dramatic turn of events, Maricopa County Superior Court Judge Bruce Cohen has recused himself from Arizona's high-profile "fake electors" case after a controversial email surfaced.

The email, which revealed Judge Cohen’s call for his colleagues to counter “demeaning attacks” on Democratic Vice-President Kamala Harris, led to questions of political bias, ultimately forcing Cohen to step down. His recusal will likely delay the case, which is tentatively set to go to trial in January 2026.

Judge Cohen, a seasoned figure with 20 years on the bench, was overseeing the case in which over a dozen Republican figures face charges for their alleged involvement in a scheme to overturn Arizona’s 2020 election results, which favored Joe Biden. The charges were brought by Democratic Attorney General Kris Mayes.

Judge Cohen, a seasoned figure with 20 years on the bench, was overseeing the case.
Judge Cohen, a seasoned figure with 20 years on the bench, was overseeing the case.

The recusal followed an email Cohen sent in late August, urging fellow judges to denounce what he called “demeaning attacks” against Harris. In his email, Cohen emphasized the role he believed “white males” should play in speaking out against such rhetoric, a statement he later apologized for, acknowledging that his "passion clouded [his] judgment".

Conservative media outlets published the email last week, leading State Senator JD Mesnard of Queen Creek, a defendant in the fake electors case, to argue that Cohen’s email reflected a “deep-seated personal political bias". Mesnard’s lawyer insisted the email compromised Cohen’s impartiality, making a fair trial impossible.

In response to Cohen’s recusal, Mayes said: “These are serious charges, and they are unaffected by national political shifts, including any changes from Donald Trump’s presidential campaign.”

The case traces back to the 2020 presidential election, during which Republican allies in multiple states allegedly attempted to submit fraudulent electors to overturn the election results. In Arizona, the Attorney General’s office argues that several prominent GOP members conspired to submit a list of unauthorized electors, with the goal of invalidating Biden’s victory. 

The selection of a new judge is expected to delay the trial date. The next hearing, scheduled for November 28, will provide further clarity on the timeline and direction of the case.

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