A motion to disqualify Judge Bruce Cohen from overseeing a high-profile criminal case in Arizona has been filed by one of the defendants, who claims that the judge’s prior actions and statements reveal deep-seated political bias. The case involves 11 fake electors and several attorneys tied to President-elect Donald Trump, accused of attempting to subvert the 2020 election results by submitting fraudulent electors in Arizona, similar to efforts in other battleground states.
The motion centers on a series of emails Cohen sent to fellow judges in August, which, according to the defense, reveal a partisan stance that could undermine his impartiality. In one email, Cohen responded to comments about Vice President Kamala Harris, urging his colleagues to defend her against gender and racial criticisms. He wrote about the importance of standing against derogatory comments based on race and gender, emphasizing the need to support female colleagues and people of color. In another email, Cohen compared the political climate after the 2024 election to Nazi-era totalitarianism, invoking Martin Niemoller’s famous post-WWII essay, “First they came for …”
These statements, particularly the comparison of current political figures and events to Nazi atrocities, prompted Arizona State Senator Jake Hoffman to demand the judge’s removal from the case. Hoffman’s attorneys argued that Cohen’s rhetoric showed political zealotry and an inability to remain neutral. They noted that Cohen’s comments about Trump, his running mate JD Vance, and their supporters were derogatory, using terms such as “sickened,” “deplorable,” and “horrific.”
Although Cohen later apologized for using the judicial distribution list for such personal opinions, the defense contends that the judge’s bias has already been demonstrated. They claim his statements create an appearance of partiality that could influence the outcome of the case, particularly since one of the defendants, Hoffman, is a strong supporter of Trump. The motion argues that it is impossible for Cohen to fairly adjudicate the case without the appearance of impropriety, especially given the political nature of the charges, which center on actions taken in support of Trump’s efforts to contest the 2020 election results.
The motion also cites two canons of the Arizona Code of Judicial Conduct that prohibit judges from engaging in bias, prejudice, or political affiliation-based decisions. The defense asserts that the judge’s comments indicate a personal bias against Trump and his supporters, which could naturally extend to his handling of the case. As the motion points out, even if Cohen can consciously separate his personal feelings from his legal responsibilities, the mere perception of bias is enough to justify his disqualification.
The defense’s request seeks to pause the trial proceedings and reset upcoming deadlines until the motion is resolved. A hearing to address the motion to disqualify is scheduled for Wednesday, and if the judge is removed, it could delay one of the last major prosecutions related to election subversion from the 2020 election. The case in Arizona is part of a broader effort by Democratic prosecutors to hold individuals in Trump’s circle accountable for attempting to overturn the results of the 2020 presidential race.
This motion, if granted, could have significant implications not just for the Arizona case, but for the broader landscape of election-related legal battles involving Trump and his associates. With the 2024 election season ongoing, the outcome of such motions could set important precedents for how politically charged cases are handled in court.
