Judge in AZ fake electors steps aside after bias claim

PHOENIX — The judge handling Arizona's "fake electors" case has stepped aside after an attorney accused him of comparing Trump supporters to Nazis.

In a new order, Maricopa County Superior Court Judge Bruce Cohen did not dispute writing an email in August and sending it out to other judges saying people — particularly white males — should not stay silent about claims made or repeated by Trump on social media, things like Kamala Harris being a "DEI hire'' and making references to Harris and Hillary Clinton and how a sex act affected their careers.

But Cohen went a step farther.

He put it in the context of the essay by Martin Niemoller who penned an essay about people staying silent about acts by the Nazis because it didn't affect them. And the judge said it was "time for me to state my piece or be complicit in the depravity."

"We no longer can stay silent merely because others are exercising their right to free speech,'' he wrote. "We, too, have that same right and must exercise it.''

All that got the attention of Michael Columbo, one of the attorneys for Sen. Jake Hoffman.

The Queen Creek Republican is one of 11 people who signed a document after the 2020 election saying that Donald Trump had won the popular vote in the state — he did not — and that the state's 11 electors should be allocated to him. That resulted in him, the 10 other electors and others accused of coming up with the scheme on charges of conspiracy and forgery.

One of the defendants Jenna Ellis, a former attorney for the Trump 2020 campaign, already has agreed to a plea deal and to cooperate with prosecutors in exchange for having felony charges dropped. A trial for those that remain is set to begin in early 2026.

Cohen subsequently issued an apology, not for what he said but for sending out the message to every judge in the system. But Columbo was not satisfied.

"The utter contempt Judge Cohen displayed against President Trump in his Aug. 29 email makes it clear that Sen. 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,'' the attorney wrote.

Columbo also noted that Trump was designated in the indictment as an "unindicted co-conspirator,'' with Attorney General Kris Mayes saying that was a conscious decision, at least in part because the former president was already facing a federal investigation for many of the same acts.

Mayes actually acknowledged this week those federal charges could be dropped now that Trump is the president-elect. But the attorney general said she is having no second thoughts about not bringing charges against him.

Still, Columbo said the fact Trump was even named in the indictment is important.

"President Trump is not just a political figure whom Sen. Hoffman supports,'' the lawyer said. "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.''

Columbo also contends that Mayes' office itself is biased against his client and the other defendants. And he is using that as one of the bids to have the whole case dismissed.

But he said Cohen has shown by his writings he is not in a position to fairly evaluate those claims.

"Judge Cohen apparently agrees with Mr. (Daniel) Barr, (the chief assistant attorney general) that there are parallels between those who support President Trump and those who supported Adolf Hilter and facilitated the Holocaust. "Judge Cohen cannot fairly assess the gravity of Ms. Mayes and Mr. Barr's dangerous rhetoric when he engages in similar rhetoric in his discussions with other judges.''

In his order, Cohen defended the essence of what he said, saying the superior court has a large number of female judges as well as those who are minorities.

"Each of those judicial officers have ascended to their current positions through merit and because of exceptionalism,'' Cohen wrote, saying his email to the other judges was "support for the exceptionalism of the judicial officers of Maricopa County and was a stand for decency and respect.''

Cohen said he would have made the same response regardless of from where on the political spectrum such comments originated.

The judge said he issued an apology only for using his ability to send emails to all judges, saying that "was not the place for unsolicited comments.''

Still, Cohen conceded, that doesn't end the discussion.

"This court is also mindful of the appearances the subject email may have created for those who have interpreted the communication differently than intended,'' he wrote in his order recusing himself from the case. "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.''

The case now needs to be reassigned to another judge.

Howard Fischer is a veteran journalist who has been reporting since 1970 and covering state politics and the Legislature since 1982. Follow him on X, formerly known as Twitter, and Threads at or email .

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