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Judge In Arizona Alternate Electors Case Recuses Himself Following Reports Of Biased Emails

November 15, 2024

By Matthew Holloway |

Maricopa County Superior Court Judge Bruce Cohen has chosen to recuse himself from the alternate electors case after reports revealed a series of emails he sent to his colleagues that openly defended Vice President Kamala Harris and urged other jurists to do likewise.

As previously reported by AZ Free News, the controversy that preceded Cohen’s recusal centered around a series of emails in which he demanded that his fellow judges and commissioners stand in defense of then-Democratic Presidential nominee Vice President Kamala Harris. The Judge offered these emails in response to criticisms levied against Harris that she was a “DEI Hire.” Cohen particularly characterized the issue in racial and gender-based terms calling upon white men in particular to defend Harris, along with any colleagues who identified as “person(s) of color.”

Cohen wrote in part, “It does matter if your chromosomes are made up of ‘XY.’ It matters even more if your skin color is characterized as ‘white’ or Caucasian. We must speak out. We must tell those within our circles of influence that this s**t must stop. NOW! We cannot allow our female colleagues to feel as if they stand alone when there are those who may intimate that their ascension was anything other than based upon exceptionalism. We cannot allow our colleagues who identify as being a ‘person of color’ to stand alone when there are those may claim that their ascension was an ‘equity hire’ rather than based solely upon exceptionalism. We no longer can stay silent merely because others are exercising their right to free speech — we, too, have that same right and must exercise it.” 

Attorneys representing Republican state Sen. Jake Hoffman, a defendant alongside several other prominent Republican figures facing charges for their participation in an alternate slate of Electoral College votes during the 2020 Presidential Election, told the Associated Press that Judge Cohen “bears a deep-seated personal political bias that overcame his professional judgment.”

Arizona attorney Mark L. Williams, who represents former New York City Mayor Rudy Giuliani, told the AP, “Given the statements the judge made, I think it’s appropriate that he recuse himself.”

He added, “The way I see it, the case against Mr. Giuliani and the other defendants is falling apart and I think the attorney general should just wind down the case and dismiss it.”

Michael Colombo of Dhillon law group, writing on Hoffman’s behalf in a motion for recusal, explained, “The utter contempt Judge Cohen displayed against President Trump in his Aug. 29 email makes it clear that Senator Hoffman — who is on trial for exercising his First Amendment rights as a supporter of President Trump — cannot receive a fair trial before Judge Cohen.”

Columbo also took aim at Arizona Attorney General Kris Mayes writing, “While Judge Cohen is entitled to his political opinions and speech, his rhetoric and exhortation precisely mirrors the evidence of hostile partisan political zealotry at the heart of the motions to dismiss that have been languishing before the Court for months. In short, the evidence before the Court of the Attorney General’s unlawful retaliation against Defendants includes her demonization of Republicans as well as her Chief Deputy comparing Republicans to Nazis and the Defendants in this case to Vladimir Putin.”

He added, “Even if Judge Cohen can somehow separate his apparent detestation of President Trump from his adjudication of a case that centers around defendants’ political activity in support of President Trump, the appearance of impropriety is a stain on this case that cannot be removed.”

Cohen, scheduled to retire in January, defended his actions in the text of his order, and even doubled down claiming, “This judicial officer expressed in an email support for the exceptionalism of the judicial officers of Maricopa County and was a stand for decency and respect. What was contained in the email is not reflective of bias.”

Per Courthouse News, all scheduled hearings are now vacated and the case is on hold pending the assignment of a new judge.

Matthew Holloway is a reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.

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