by Seth Leibsohn | Dec 13, 2024 | Opinion
By Steve Twist & Seth Leibsohn |
With the major election season behind us, voters are undoubtedly recovering from the fatigue of non-stop political ads flooding their TVs and social media apps, but potential candidates are already setting their sights on 2026, which—while not the presidential Superbowl—will have hugely impactful consequences for Arizona. Fresh off a nationwide red wave, Republicans in Arizona are hoping to capitalize on this momentum by taking back important statewide offices won by Democrats in 2022. Fortunately for Republicans, Arizonans, and the rule of law, we have an excellent candidate who could be the next Arizona Attorney General. In many ways, he already is.
Both of us have worked with or closely observed every Attorney General since Bob Corbin in 1979. Sadly, we’ve never seen an Attorney General whose decisions about the use of power are more partisan than Attorney General Kris Mayes. Lawlessness, wokeness, and injustice have become recurring themes under her leadership. In response, Arizona Senate President Warren Petersen has taken her on, thwarting and mitigating her run-a-way train of progressivism.
Thanks to a law passed by a prior legislature, the Senate President may intervene in cases where the Attorney General refuses to defend the law. Over the past two years, this tool has proven to be invaluable, and Warren Petersen has deployed it, both smartly and aggressively.
When Attorney General Mayes bowed to the radical left and refused to defend Arizona’s law ensuring biological boys and men could not compete on female-only sports teams, President Petersen got involved to protect our girls and women, serving as the last line of defense for the Save Women’s Sports Act. When Mayes gave bogus legal advice to provide cover for the lawlessness of Katie Hobbs and her violations of the separation of powers, Petersen checked Mayes in court and made sure Arizona laws were followed, stopping a Mayes-approved illegal scheme, where Governor Hobbs avoided confirmation of agency directors.
When Mayes tried to hijack the state budget and assert control of $115 million in state opioid settlement funds, Petersen fought back, won, and was awarded over $40,000 in attorneys’ fees against Mayes. Perhaps nothing more clearly demonstrates that Petersen is already fulfilling the role of moral leader of the Attorney General’s Office than his call to Mayes to end her illegal delay in following court ordered executions. Within a week of Petersen’s public statements, Mayes reversed course.
President Petersen has not only filled the void in state court litigation, but he’s also picked up the slack to fight the Biden administration’s big government overreach in federal court, while Mayes has remained silent. Petersen led the legal fight on national issues of importance to Arizona. From Covid vaccine mandates to forced-electric vehicle mandates, infringement of second-amendment rights, homeless encampments, immigration enforcement, and business-crushing federal regulations, Petersen has intervened in a variety of issues important to the lives and livelihoods of our citizens. Meanwhile, Mayes has been AWOL, seemingly driven by a leftist ideology instead of objective law enforcement.
And now comes the astounding revelation that a “far-left” group, the States United Democracy Center, gave Mayes a forty-seven-page memo which served as her “plan” to prosecute the 2020 alternate electors. If true, it represents an unprecedented abdication of the independence we need from our Attorney General.
We do not need four more years of highly partisan bias and selective application of the law for Arizonans to appreciate the value of having a true advocate in the Attorney General’s Office. And while there are two more years to go under Mayes, we should be thankful that we have two more years of Arizona Senate President Warren Petersen there to continue his protection of our state constitution and laws.
We’ve worked with President Petersen on legal issues for over a decade. Whether as Judiciary Chairman, or now as Senate President; time and time again, he has demonstrated the ability, courage, and leadership to put Arizona first and fight for its interests, whether at the legislature, or in the courts. In many ways, for the last two years, Petersen has been the moral voice for justice in our legal affairs. Now is the right time for him to run to become the actual Attorney General.
Steve Twist is a lawyer in Scottsdale. Seth Leibsohn is a radio host in Phoenix and Senior Fellow with the Claremont Institute.
by Matthew Holloway | Nov 15, 2024 | News
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 senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.
by Matthew Holloway | Nov 10, 2024 | News
By Matthew Holloway |
Maricopa County Superior Court Judge Bruce Cohen, the jurist overseeing the 2020 alternate electors case, has become the subject of intense scrutiny. Emails obtained by Rep. Travis Grantham revealed that the judge demanded that all of his fellow judges and commissioners defend Vice President Kamala Harris in the face of criticism that she was a “DEI hire.” Judge Cohen showed an openly racist bias and targeted men overall, white men in particular, by calling upon them to defend Harris and any colleagues identified as a “person of color.”
As reported by the Arizona Daily Independent, Cohen became offended by the emergence of rhetoric characterizing Harris as a “DEI hire,” despite President Joe Biden freely stating in 2020 that his criteria for selecting a Vice President were explicitly driven by race and gender. Biden told reporters at the time, “ I commit that I will, in fact, appoint a, pick a woman to be vice president,” and that he would select a candidate “of color and/or a different gender,” according to CNN.
Judge Cohen further objected to questions on Harris’ integrity that suggested she would conduct inappropriate relationships with top members of the cabinet or political figures, seemingly linked to her highly controversial relationship with then-speaker of the California State Willie Brown. Later, when Brown was elected Mayor of San Francisco, Harris would be catapulted into office as the district attorney of the state and county of San Francisco per Reuters.
In the email uncovered by Grantham, Cohen wrote:
“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.”
Cohen continued, equating the conduct and rhetoric of Harris’ detractors and any who refused to defend her to that of the Nazis of World War II, even drawing upon the historic horror of the Holocaust in a lopsidedly hyperbolic comparison.
“I have been reflecting on Martin Niemoller’s brilliant post-WWII essay known as ‘First they came for…’ While the subject matter of his commentary was one of the most horrific periods in world history, its instruction applies equally to present day events,” said Cohen. “When we cannot or do not stand with others, the words of Martin Niemoller are no longer a historic reference to the atrocities of WWII, those words describe the present.”
As reported by the Daily Independent, Cohen appeared to walk-back the email a day later with an apology of sorts, writing in a follow-up email: “Earlier this week I allowed my passion to cloud my judgment and sent an email using this as my forum,” said Cohen. “After reflection, I have come to realize that this was not proper use of this forum. I sincerely apologize to anyone put off or negatively impacted by my lapse of judgment.”
However, the damage may have already been done given that under the Arizona Code of Judicial Conduct Rule 1.2,” A judge shall act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety.”
The code of conduct notably constrains jurists from political and campaign activities beyond the scope of judicial elections specifically prohibiting “any statement that would reasonably be expected to affect the outcome or impair the fairness of a matter pending or impending in any court; or in connection with cases, controversies, or issues that are likely to come before the court, make pledges, promises, or commitments that are inconsistent with the impartial performance of the adjudicative duties of judicial office.”
The outlet reported that two-days after the initial email to his colleagues, Cohen sent another directly referencing the ongoing trial against the 2020 Alternate Electors and deriding the defendents directly saying, “I am presiding over a case that involves a number of public officials, including some state senators. We had an all-day hearing yesterday and will have the same all day today,” said Cohen.
He continued making the unsubtle implication that the defendants would abuse their legislative power for their own convenience, blatantly impugning their character. He wrote:
“At the end of yesterday’s proceedings, one of the state senators approached my courtroom clerk and asked her to validate his parking. Is it possible that we will see parking validation added to the court’s allocated budget next year when the legislature passes our next budget and it will somehow be given retroactive application to [this day]?”
Arizona Senate President Warren Petersen expressed concern in a post to X sharing the Daily Indpendent’s article regarding Cohen’s conduct and calling upon the judicial system to intervene writing, “Rule 2.11 of the judicial code says you must disqualify yourself if you cannot be impartial. His emails are anything but impartial. @azcourts why is this judge still on this case? Impartiality and fairness please!”
Arguments in the case against the Alternate Electors are scheduled to begin in January 2026, according to Politico. Cohen was appointed in 2005 by Democrat Gov. Janet Napolitano and has indicated he is nearing retirement according to reporting by Yvonne Wingett Sanchez.
Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.
by AZ Free Enterprise Club | May 26, 2024 | Opinion
By the Arizona Free Enterprise Club |
Nobody likes a bully, and yet some people relish playing such a role. Here in Arizona, perhaps no person has taken on that persona quite like Kris Mayes. When she began her political career with the Arizona Corporation Commission, Mayes quickly gained a reputation for bullying other people around, but since becoming Arizona’s Attorney General (AG) in January 2023, she has taken it to a whole other level.
Within months of occupying the AG office, Mayes began using her post to target and investigate the very people and entities she is constitutionally obligated to defend. First in her crosshairs was the Arizona Department of Water Resources (ADWR), a state agency she is legally obligated to represent and provide legal advice to. But because she wants to score political points with her radical environmental allies, she decided to threaten legal action against ADWR unless they provide her with documentation showing that the agency is in compliance with its water management responsibilities.
Mayes then turned around a few weeks later and went after the Empowerment Scholarship Account (ESA) program at the Department of Education. In a public tirade, she falsely claimed that the budget agreement that protected universal school choice would bankrupt the state, despite the expenditure data showing that the ESA program actually saves the state money. When that didn’t stop the Republican budget bill from being signed by Governor Hobbs, Mayes doubled down on her ESA assault by threatening legal action against her own client, the Arizona Department of Education, over the program.
And now that she has had more time to get comfortable in office, Mayes is discovering new and creative ways to abuse her power, including collusion and the usage of dirty tactics to target political opponents…
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