PHOENIX (AP) — A judge recused himself Tuesday from presiding over Arizona’s fake electors case after an email surfaced in which he told fellow judges to speak out against attacks on Democratic Vice President Kamala Harris’ campaign for the presidency.
In the Aug. 29 email, Maricopa County Judge Bruce Cohen lamented that he didn’t speak out when Harris was called a “DEI hire,” believes that white men must speak out against unfair treatment of women, and raised a historical lesson from the Holocaust about the need to speak up when people are attacked. Cohen didn’t specify who made the comment regarding Harris.
“We cannot allow our colleagues who identify as being a ‘person of color’ to stand alone when there are those (who) may claim that their ascension was an ‘equity hire’ rather than based solely upon exceptionalism,” the judge told his colleagues in the email.
Cohen later wrote another email telling his fellow judges that he let his passion cloud his views and apologized to anyone affected by his lapse in judgment in using an email forum for judges that was not appropriate for unsolicited comments.
Lawyers for Republican state Sen. Jake Hoffman, who faces nine felony charges in the case, sought the judge’s removal, arguing Cohen “bears a deep-seated personal political bias that overcame his professional judgment” and that their client has lost confidence in the judge’s impartiality.
Hoffman is one of 11 Republicans who submitted a document to Congress falsely declaring that then-President Donald Trump won Arizona in the 2020 election. They include the former state party chair, a 2022 U.S. Senate candidate and two sitting state lawmakers. Two former Trump aides and five lawyers connected to Trump, including Rudy Giuliani, also were charged in the case. All 18 people were charged with charged with forgery, fraud and conspiracy.
“Given the statements the judge made, I think it’s appropriate that he recuse himself,” Arizona attorney Mark L. Williams, who is representing Giuliani, said after Cohen’s decision. “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.”
A spokesperson for Arizona Attorney General Kris Mayes declined to comment on the judge’s recusal.
In a court record, Cohen said the original email was a stand for decency and didn’t reflect a personal bias, but he recognized that others may view it differently than he intended.
Cohen, who was appointed to the bench by Democratic Gov. Janet Napolitano in 2005, was scheduled to retire in January.
Most of the defendants had asked Cohen to throw out the charges under an Arizona law that bars using baseless legal actions in a bid to silence critics. The law had long offered protections in civil cases but was amended in 2022 by the Republican-led Legislature to cover people facing most criminal charges.
Cohen recused himself before deciding whether to dismiss the case, which will be assigned to another judge.
The defendants argued that Mayes tried to use the charges to silence them for their constitutionally protected speech about the 2020 election and actions taken in response to the race’s outcome. They say Mayes campaigned on investigating the fake elector case and had shown a bias against Trump and his supporters.
Prosecutors said the defendants didn’t have evidence to back up their retaliation claim and that they had crossed the line from protected speech to fraud. Mayes’ office also has said the grand jury that brought the indictment wanted to consider charging Trump, but prosecutors urged them not to.
Two defendants have already resolved their cases.
Former Trump campaign attorney Jenna Ellis, who worked closely with Giuliani, signed a cooperation agreement with prosecutors that led to the dismissal of her charges. Republican activist Loraine Pellegrino also became the first person to be convicted in the Arizona case when she pleaded guilty to a misdemeanor charge and was sentenced to probation.
The remaining defendants have pleaded not guilty to the charges. Trump wasn’t charged in Arizona, but the indictment refers to him as an unindicted coconspirator.
Prosecutors in Michigan, Nevada, Georgia and Wisconsin also filed criminal charges related to the fake electors scheme.
Associated Press writer Anita Snow contributed to this report.
Judge Bruce Cohen speaks during a pre-trial hearing Aug. 28, 2024, during the fake electors case in Maricopa County Superior Court in Phoenix.(Cheryl Evans/The Arizona Republic via AP, Pool)
Judge Bruce Cohen speaks during a pre-trial hearing Aug. 27, 2024, during the fake electors case in Maricopa County Superior Court in Phoenix. (Rob Schumacher/The Arizona Republic, Pool via AP)
FILE - Arizona Rep. Jake Hoffman, R-Queen Creek, left, and his attorney Timothy La Sota appear virtually for Hoffman's arraignment in Maricopa County Superior Court in Phoenix, June 6, 2024. (Mark Henle/The Arizona Republic via AP, Pool, File)
Atlanta (8-7) at Washington (10-5)
Sunday, 8:20 p.m. EST, NBC
BetMGM NFL odds: Commanders by 4
Against the spread: Falcons 7-8; Commanders 9-6
Series record: Washington leads 18-10-1
Last meeting: Commanders beat Falcons 24-16 on Oct. 15, 2023, at Atlanta.
Last week: Falcons beat Giants 34-7; Commanders beat Eagles 36-33.
Falcons: overall (9), rush (12), pass (6), scoring (19)
Falcons defense: overall (13), rush (12), pass (21), scoring (19)
Commanders offense: overall (5), rush (3), pass (16), scoring (4)
Commanders defense: overall (10), rush (29), pass (4), scoring (18)
Turnover differential: Falcons minus-5; Commanders plus-2
Rookie QB Michael Penix Jr. made his first NFL start in easy mode at home against the Giants. The difficulty level rachets up at Washington, and the Commanders have a legitimate pass rush led by Dante Fowler Jr. Penix can rely on Bijan Robinson again, but may need to make some harder throws to get the job done this time.
RB Brian Robinson Jr. fumbled twice against Philadelphia and has just one touchdown over the past four games. Daniels put the Commanders on his back last weekend working out of empty formations often, but Kliff Kingsbury's offense is predicated on running the ball to set up the pass and Austin Ekeler remains on injured reserve because of a concussion, so it's Robinson's show on the ground.
Commanders rookie QB Jayden Daniels vs. the Falcons' pass defense. Atlanta returned two interceptions for a touchdown and forced Drew Lock to fumble last week. Daniels is coming off throwing five TD passes to rally Washington and end Philadelphia's winning streak at 10 games. Prime time has not fazed Daniels so far, and it's worth wondering what his next trick will be.
Falcons: CB Antonio Hamilton left the Giants game with a quadriceps injury. ... CB Kevin King has a concussion.
Commanders: CB Marshon Lattimore, who missed more than a month with a hamstring injury, is again dealing with a hamstring injury. ... RT Andrew Wylie (groin) and WR Dyami Brown (hamstring) left the Eagles game in the fourth quarter. ... DT Jonathan Allen could return more than two months after surgery to repair a torn pectoral muscle, which was originally thought to be season-ending.
Washington has won the past three meetings. These teams are playing for a fourth consecutive season. ... This is the first prime-time game in NFL history between two rookie QBs selected in the first round. Daniels was the No. 2 pick and Penix No. 8. ... The Falcons benched former Washington QB Kirk Cousins, a 2012 fourth-rounder, before Week 16 in favor of Penix. ... The Commanders can clinch a playoff berth with a win or a loss by Tampa Bay. The Buccaneers host Carolina on Sunday afternoon. ... Washington is 10-5 for the first time since 1991. The organization last won 11 games in 1987. Each of those seasons ended with a Super Bowl championship. ... Commanders coach Dan Quinn led Atlanta to the Super Bowl in the 2016 season. He is facing the Falcons for the first time since they fired him in 2020. Falcons coach Raheem Morris worked on Quinn's staff from 2015-20 and was the interim replacement four years ago. Morris also was an assistant with Washington from 2012-14 and interviewed for the job Quinn now has before getting hired by Atlanta.
Penix completed 18 of 27 passes for 202 yards last week. ... Robinson ran for 94 yards and two TDs against the Giants. Adding his two catches for 9 yards, it was his fourth consecutive game with 100 or more yards from scrimmage. ... WR Drake London is 22 yards receiving from his first 1,000-yard season. Darnell Mooney is 45 away from reaching that mark for the second time. ... LB Matthew Judon and S Jessie Bates had the pick-6s off Lock. Judon's interception was the first of his career. Bates had an INT in his previous game at Washington, Nov. 22, 2020, when playing for Cincinnati. ... LB Kaden Elliss has a career-high 131 tackles. Only seven players in the league have more. ... The Commanders beat the Eagles despite turning the ball over five times. ... Daniels has been selected rookie of the week 10 times. His five TD throws against Philadelphia, including his second to Jamison Crowder with 6 seconds left, made up for his two picks. ... WR Terry McLaurin has surpassed 1,000 yards receiving for a fifth season in a row. He had 919 in 14 games as a rookie in 2019 and missed two because of injury. ... Crowder and WR Olamide Zaccheaus each had two TD catches last week. .... Zach Ertz is 28 yards receiving away from becoming the ninth tight end to 8,000. ... LB Frankie Luvu intercepted Kenny Pickett last week. ... LB Bobby Wagner leads Washington with 118 tackles.
If you need any Commanders receiver to help you win your league other than McLaurin, good luck. Especially since Noah Brown went down, it's anyone's guess who Daniels will target beyond “Scary Terry,” who is justifiably terrifying to opponents.
AP NFL: https://apnews.com/hub/NFL
Washington Commanders quarterback Jayden Daniels speaks to members of the media after an NFL football game against the Philadelphia Eagles, Sunday, Dec. 22, 2024, in Landover, Md. (AP Photo/Nick Wass)
Atlanta Falcons quarterback Michael Penix Jr. speaks during a news conference after an NFL football game against the New York Giants, Sunday, Dec. 22, 2024, in Atlanta. (AP Photo/John Bazemore)
Washington Commanders quarterback Jayden Daniels (5) throwing the ball before the start of an NFL football game against the Philadelphia Eagles, Sunday, Dec. 22, 2024, in Landover, Md. (AP Photo/Nick Wass)
Atlanta Falcons quarterback Michael Penix Jr. (9) throws the ball in the second half of an NFL football game against the New York Giants in Atlanta, Sunday, Dec. 22, 2024. (AP Photo/Mike Stewart)
