Kari Lake, a controversial far-right candidate for the US Senate in Arizona, attempted to have a defamation suit against her denied. The judge dismissed Lake’s motion, explaining that Lake’s defamatory comments could be proven false before a jury of her peers.
Quick Decision
Superior Court Judge Jay Adleman of Maricopa County issued his opinion less than 24 hours after both sides made their arguments. He ruled that Lake’s statements were not protected political speech and could be proven false by a factfinder.
Potential Landmark
This case is the first test of a newly expanded anti-Strategic Lawsuits Against Public Participation, enacted in Arizona in 2022. It permits courts to dismiss cases based on people’s right to free speech.
Failed Case
Lake is using an anti-SLAPP defense against the defamation suit against her. The lawyers leading the case against her criticized this defense as a “get-out-of-defamation-free card.”
The Prosecution
Republican Stephen Richer, a senior election official in Maricopa County, brought the suit against Lake in response to comments she made about his conduct during her failed 2022 run for Arizona Governor. According to Richer’s lawsuit, Lake made several false and defamatory claims against him that implied he fraudulently undermined her campaign.
Provably False
Richer’s lawsuit highlights two specific claims that it argues are demonstrably false. The first is Lake’s assertion that Richer “sabotaged” electronic ballot printers. The second is that Richer added 300,000 fake ballots to the count.
Illegal Claims
Lake is “allowed to insult me,” Richer said on Tuesday after the court hearing. “She is not allowed to say that I did something that was criminally unlawful, something that has been adjudicated by multiple courts as absolutely, positively not happening.”
Failed Challenges
Lake has challenged the 2022 gubernatorial election multiple times, but almost every single one of her suits has been tossed out by the courts.
Lake Responds
“An elected government official is suing me for revealing the corruption in the elections he administered,” Lake posted on X, formerly Twitter. “He has a bunch of Soros-backed attorneys representing him.”
The Soros Connection
Lake’s description of Richer’s lawyers as backed by George Soros, a nonagenarian billionaire financier, is an increasingly common rhetorical tool and dog whistle among the far-right. Because Soros is Jewish — and a holocaust survivor — and is often only tenuously connected to those described as “Soros-backed,” the descriptor has been criticized as anti-Semitic.
Lake’s Team
Meanwhile, Lake’s legal team includes a second-year law student at Arizona State University. Jessica Banks prepped Lake’s anti-SLAPP argument while completing her final exams at ASU.
Potential Trial
Should the trial go ahead, it might well be held during next year’s election season. Though Lake still hasn’t admitted to losing the 2022 race for governor, she has announced that she will be running for US Senate in 2024.
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