Judge Recuses Himself in Arizona Election Case After Kamala Harris Comments

Cohen later apologized to his colleagues for the unsolicited emailed comments.
Judge Recuses Himself in Arizona Election Case After Kamala Harris Comments
Judge Bruce Cohen speaks during a hearing in Maricopa County Superior Court in Phoenix, on Aug. 27, 2024. Rob Schumacher/The Arizona Republic via AP
Katabella Roberts
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Maricopa County Superior Court Judge Bruce Cohen recused himself on Nov. 12 from overseeing an Arizona election case against allies of President-elect Donald Trump after facing criticism for urging colleagues to defend Vice President Kamala Harris against racist and sexist remarks.

Cohen made the comments in an Aug. 29 email, describing his regret at failing to speak out when Harris was called a “DEI hire,” referring to diversity, equity, and inclusion initiatives. He said in the email that he believed that white men must speak out against the unfair treatment of women.

Cohen didn’t specify who made the comments regarding Harris, although Rep. Tim Burchett (R-Tenn.) told CNN in July that Harris is “100 percent a DEI hire.”

“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.

The judge also referenced the Holocaust when urging people to speak up when others are attacked.

Cohen later apologized to his colleagues for the unsolicited emailed comments and acknowledged he had let his emotion cloud his views, which he said were not appropriate.

After the comments were published online, defense lawyers for Arizona state Sen. Jake Hoffman, who faces nine felony charges in the case, accused Cohen of “deep-seated personal political bias.”

The lawyers argued in a Nov. 9 motion that Cohen should recuse himself. Doing so is warranted in cases “where a judge’s interest or prejudice would prevent a fair and impartial hearing or trial,” they said.
“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,” attorneys for Hoffman wrote in the motion.

Trump Allies Indicted in Arizona

Hoffman is one of 11 Republicans who submitted a document to Congress declaring that 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 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.”

Cohen, who was appointed to the bench by Gov. Janet Napolitano in 2005, is scheduled to retire in January 2025.

In a court document announcing his decision to remove himself from the case, the judge said the original email was a stand for “decency” and didn’t reflect a personal bias. Cohen acknowledged others may have viewed his comments differently than he had intended.

Former mayor of New York City Rudy Giuliani leaves the federal courthouse in Washington, on Dec. 15, 2023. (Jose Luis Magana/AP Photo)
Former mayor of New York City Rudy Giuliani leaves the federal courthouse in Washington, on Dec. 15, 2023. Jose Luis Magana/AP Photo

According to Attorney General Kris Mayes’s office, the 18 individuals conspired to falsely declare Trump the winner in the state during the 2020 presidential election, in which he faced then-candidate Joe Biden, by nominating alternate electors for Trump.

All of the indicted individuals have pleaded not guilty. Trump is not listed as a defendant in the case but court documents identify a “prior U.S. president,” as an unindicted co-conspirator. The case is set for trial in January 2026.

The Epoch Times has contacted a spokesperson for Arizona Attorney General Mayes for comment.

Caden Pearson and the Associated Press contributed to this report.