PHOENIX – A judge recused himself from presiding on Tuesday The case of the false voters of Arizona after an email surfaced asking her fellow judges to speak out against attacks on Democratic Vice President Kamala Harris’ presidential campaign.

In the Aug. 29 email, Maricopa County Judge Bruce Cohen regretted not speaking out when Harris was called a “DEI hire,” believes white men should speak out against the unfair treatment of women, and raised a lesson history of the Holocaust about the need to speak out when people are attacked. Cohen did not specify who made the comment about Harris.

“We cannot allow our colleagues who identify as ‘people of color’ to be left alone when there are those who can claim that their promotion was an ‘equity hire’ rather than based solely on 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 error in judgment by using an email forum for judges that was not appropriate for non-public comments. requested.

Lawyers for Republican state Sen. Jake Hoffman, who faces nine felony charges in the case, requested the judge’s removal, arguing that Cohen “has a deep-seated personal political bias that overrode his professional judgment” and that their client has lost his confidence in the judge’s decision. 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 legislators. Two former Trump aides and five lawyers connected to Trump, including Rudy Giulianiwere also charged in the case. The 18 people were charged with forgery, fraud and conspiracy.

“Given the statements the judge made, I think it is appropriate for him to recuse himself,” Arizona attorney Mark L. Williams, who represents 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 close the case and dismiss it.”

A spokesman for Arizona Attorney General Kris Mayes declined to comment on the judge’s recusal.

In a court filing, Cohen said the original email was a defense of decency and did not reflect personal bias, but acknowledged that others may view it differently than he intended.

Cohen, who was appointed to the position by Democratic Gov. Janet Napolitano in 2005, was scheduled to retire in January.

Most of the defendants had asked Cohen to dismiss the charges under an Arizona law that prohibits the use of frivolous legal actions in an attempt to silence critics. The law had long offered protection in civil cases, but was amended in 2022 by the Republican-led Legislature to cover people facing the 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 attempted to use the charges to silence them for their constitutionally protected speech about the 2020 election and actions taken in response to the outcome of the race. They say Mayes campaigned to investigate the fake elector case and had shown bias against Trump and his supporters.

Prosecutors said the defendants had no evidence to support their retaliation claim and had crossed the line from protected speech to fraud. Mayes’ office has also said that the grand jury that returned the indictment wanted to consider charging trumpbut prosecutors urged them not to do so.

Two defendants have already resolved their cases.

Former Trump campaign lawyer Jenna Ellis, who worked closely with Giuliani, signed a cooperation agreement with prosecutors that led to the dismissal of his charges. Republican activist Loraine Pellegrino also became the first person convicted in the Arizona case when she pleaded guilty to a misdemeanor and was sentenced to probation.

The remaining defendants have pleaded not guilty to the charges. Trump was not charged in Arizona, but the indictment refers to him as an unindicted accomplice.

Prosecutors in Michigan, Snowfall, Georgia and Wisconsin He also filed criminal charges related to the fake voter scheme.

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Associated Press writer Anita Snow contributed to this report.