(WASHINGTON) — The judge overseeing the Arizona “fake elector” case against several of Donald Trump’s allies has recused himself from the case after accusations of personal bias.
Last week, defense attorneys for State Senator Jacob Hoffman filed a motion to disqualify Judge Bruce Cohen, alleging that an email published by a media outlet revealed “politically charged statements” made by Cohen while overseeing the case.
“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,” the attorneys said in the filing last week.
“Judge Cohen’s impartiality can readily be questioned because of his apparent personal prejudice against President Trump and his supporters,” the attorneys added.
In an email sent in August, Cohen urged fellow members of the bench to speak out against attacks made against Vice President Kamala Harris. He also lamented the failure to speak out against Nazism, according to the attorneys.
“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,” Cohen wrote.
“But it is time for me to state my piece or be complicit in the depravity,” he added.
In response to the filing, Cohen had initially scheduled a conference hearing to discuss the issue but on Tuesday afternoon, he sent a notice of recusal to the defense attorneys.
In the notice, Cohen defended the email that surfaced, saying it was not reflective of bias.
“As noted in the subject e-mail, the same cry for decency and respect would have been made about disparaging comments from either political sphere,” Cohen wrote. “That said, within hours after sending the August e-mail solely to other judicial officers and not in any public forum, an apology was sent out to those same judicial officers.”
“Out of a commitment to justice, even the appearance of bias cannot be allowed to undermine the fundamental fairness that is extended by the court to all who come before it,” Cohen added.
“It is for that reason alone that this court is recusing itself from all further proceedings in this matter.”
All those indicted in the case pleaded not guilty earlier this summer to charges of fraud, forgery, and conspiracy for their alleged efforts to overturn the state’s election results. Trump’s former attorney Jenna Ellis subsequently reached a cooperation agreement with prosecutors in exchange for the state dropping the charges against her.
Trump was not charged in the case.
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