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.
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]?”
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! https://t.co/WoSRADjh1l
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.
