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Arizona Judge Bruce Cohen recused himself from the state’s fake electors case involving Republican state Senator Jake Hoffman and other Trump allies, after an email surfaced in which he urged fellow judges to defend Vice President Kamala Harris from “DEI hire” accusations. In the August email, Cohen encouraged support for people of color and cited the Holocaust as a reminder of the importance of standing up to prejudice. He later apologized, admitting that his passion may have clouded his judgment.

Defense attorneys argued that Cohen’s comments showed a “deep-seated personal political bias,” undermining trust in his impartiality. Hoffman and other defendants face multiple felony charges for falsely declaring Trump won Arizona in 2020. Charged individuals include former Trump aides and lawyers, among them Rudy Giuliani. Cohen, appointed by Democratic Governor Janet Napolitano, was set to retire in January and had not ruled on defense motions to dismiss the case.

The defendants argue that Democratic Attorney General Kris Mayes is targeting them for their speech, citing an Arizona law revised in 2022 to extend protections to criminal defendants against perceived retaliatory actions. Prosecutors counter that the defendants crossed into fraud, and note that while the grand jury initially considered charges against Trump, prosecutors advised against it. Two defendants have resolved their cases, including Jenna Ellis, a Trump campaign lawyer, who cooperated with prosecutors, and GOP activist Loraine Pellegrino, who pleaded guilty to a misdemeanor.

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