Arizona Judge Refuses to Sanction Kari Lake, Finding That Her Election Lawsuit Was 'Not Successful'

[jgo]

Source: Law and Crime

An Arizona judge declined to issue sanctions against defeated gubernatorial candidate Kari Lake, finding that the election challenge that she filed was “not successful” but also “not groundless.”

Thompson did find, however, that certain costs for witness fees were warranted under the law, both in Hobbs’s capacity as Arizona’s current Secretary of State and in her separate capacity as its future governor.

“Defendant, Secretary of State Katie Hobbs, has presented her request for $5,900.00 in expert witness fees for Mr. Ryan Macias who was retained as an expert and testified at the hearing,” the judge wrote. “A separate request for expert witness fees in the amount of $22,451.00 was submitted by Defendant, Katie Hobbs sued in capacity as Governor-Elect.”

Thompson found those fees “appropriate.”

Read more: https://lawandcrime.com/2022-midterms/arizona-judge-refuses-to-sanction-kari-lake-finding-that-her-election-lawsuit-was-not-successful-but-not-groundless/

---

[dchill]

1. Even Kari Lake knows the challenge was groundless, "Judge."

[Bernardo de La Paz]

6. What I think he means is the printer paper size issue was enough of a peg to hang a hat on

... even thought it was ultimately not evidence contributing to a wrongful Lake's defeat.

In other words, it was a questionable aspect that the court feels was worth resolving for the public good, hence grounds to BRING THE SUIT, not grounds to carry the suit or prove the suit.

If Lake had been found to bring the suit on baseless grounds (like say "dead man wore plaid" as the prime mover of a suit around a murder), then she would have been sanctioned.

My take, I'm not a lawyer.

[yaesu]

2. The judge has got to be a tRump ass kissing puppet or realy, really stupid. Nt

[old guy]

3. I'm going to say he is probably both.

[Effete Snob]

7. Lol....

He threw out 8 of the 10 claims, ruled against her on the remaining two, and fined her over $30,000, but he's a "tRump ass kissing puppet".

Lol

[BumRushDaShow]

4. But... from the OP article

Though the Grand Canyon State judge would not sanction Lake or her attorneys, a federal judge issued sanctions against her counsel in a related case. That judge found the attorneys “recklessly” caused a “frivolous” complaint to be filed with “false, misleading, and unsupported” claims.

I think this was reported earlier in the month (I recall something about Dershowitz) -

Judge orders sanctions against attorneys representing Finchem, Lake

By: Kiera Riley Arizona Capitol Times December 2, 2022


Rep. Mark Finchem, R-Oro Valley, and Kari Lake confer earlier this year on the House floor. A federal judge ordered sanctions against attorneys representing failed Republican candidates Finchem and Lake in their lawsuit against the Secretary of State and Maricopa County that sought to ban the use of electronic vote tabulators and force a hand count of ballots. (Capitol Media Services file photo by Howard Fischer)

A federal judge ordered sanctions against attorneys representing failed Republican candidates Mark Finchem and Kari Lake in their lawsuit against the Secretary of State and Maricopa County that sought to ban the use of electronic vote tabulators and force a hand count of ballots.  Claims made in Finchem and Lake’s suit, particularly relating to electronic tabulation machines, echo in new lawsuits, board meetings and certain sects of the general public. The judge wrote that the order should not be seen as undermining the importance of ensuring election security.

But the sanctions make clear the court will not tolerate claims of fraud without factual foundation.  Judge John Tuchi found the attorneys “acted recklessly or in bad faith” as their clients “made false, misleading, and unsupported factual assertions,” including asserting that Arizona elections did not already use paper ballots.  The judge also found that plaintiffs, relying on testimony from Cyber Ninja Doug Logan, attempted to compare vote tabulation machines used in Maricopa County to electronic voting machines used in other states, including those with potential security vulnerabilities.  

“Using these broader terms allowed Plaintiffs to misleadingly analogize the machines used in Arizona to those used in other jurisdictions,” Tuchi wrote.  Under the order, Lake and Finchem’s counsel, which includes Harvard Law professor Alan Dershowitz, is now responsible for paying Maricopa County’s attorneys’ fees.  The judge did not impose sanctions on Finchem, who ran for secretary of state or Lake, who ran for governor, individually. Though the order found the two acted, “far from” appropriately.  

(snip)

https://azcapitoltimes.com/news/2022/12/02/judge-orders-sanctions-against-attorneys-representing-finchem-lake/

[Effete Snob]

8. That was a different case

That was a pre-emptive case on another issue which was profoundly bad.

[BumRushDaShow]

9. Yup and it was also different because it was federal vs state

but the outcome was what was being requested in the OP that wasn't successful there but was in the federal case - sanctions (including "paying legal fees" ).

[SoCalDavidS]

5. As Usual, Those Of Us Who Predicted This, Were Mocked & Criticized Here For Being Pessimists

Optimism over Realism apparently is what is popular on DU.

Accountability & Consequences for those "Above The Law" are in short supply in America. Perhaps it's time people simply accept that. And expect much more of shit like this in the future.

[The Grand Illuminist]

12. That is the problem.

We allow it to happen.

[Bernardo de La Paz]

14. It's a high barrier to sanction for bringing a suit. Please point to where you "predicted" this

What exactly did you predict about this specific sanctions request? Link, please.

Not yet another post "there is never justice" or such. Specific posts with your predictions about the Lake case and being "mocked and criticized".

If you can.

[SoCalDavidS]

19. Here Are A Couple

https://www.democraticunderground.com/?com=view_post&forum=1014&pid=3011979

https://www.democraticunderground.com/?com=view_post&forum=1014&pid=3012010

This was the only thread that I personally commented on related to this particular issue, and I'm not going to look for others. But here's someone who criticized me directly when I posted that Abbott isn't going to face any consequences for his migrant stunt.

https://www.democraticunderground.com/?com=view_post&forum=1002&pid=17498310

[Bernardo de La Paz]

20. Thanks, okay, you are correct, and you did predict it, if I read the context correctly

[SoCalDavidS]

21. The First Two Links Went To A Thread About AZ & These Sanctions For Lake

[Bernardo de La Paz]

23. Yes, sorry, I did follow the first one and updated my post, but you were faster!

[SoCalDavidS]

24. No Worries

The bottom line is that so long as judges keep threatening "consequences," and then don't follow through, it only encourages these pieces of excrement to do stuff like this again. And lawyers have little concern about taking cases like this, and tying up courts, knowing that the worst they're going to get is a tongue lashing. They have too much to gain financially, and little to fear in terms of consequences.

[Takket]

10. rethugs will just go right on doing this then.......

the goal is never to win it is to make headlines for red meat for the base. without punishing those using the courts for publicity they will keep filing these bullshit lawsuits

[Red Mountain]

16. I've always imagined it's about making money off fundraising

but not sure how those economics work out for the minor players.


I do think it's what motivates Trump to pop up and spew lies every so often.

[oldsoftie]

17. Lake knows SHE can get millions from the cult too.

And the longer she screams, the more they'll send

[The Grand Illuminist]

11. I guess that means appeals will continue.

Not good at all

[Bernardo de La Paz]

15. I doubt there will be appeals. People are grossly misinterpreting the judge's comment. nt

[SoCalDavidS]

26. She's Appealing

But of course she is. Why shouldn't she, with no consequences to worry about.

https://www.democraticunderground.com/10143012347

[Bernardo de La Paz]

27. I should have said I doubted there will be "successful appeals". . . . nt

[truthisfreedom]

18. As long as she's gone...

[rsdsharp]

22. Not surprised. Ordering the statement of costs and the motion for sanctions

to be filed by 8AM December 26th, and doing so on Christmas Eve, is tantamount to saying, “You don’t really want me to enter sanctions, do you?”

[moniss]

28. These lawyers that file these cases

know that although they will lose they will move higher in the GQP food chain for legal work of all kinds.

[nakocal]

25. The judge was appointed by a republican

and sanctions against Lake would hurt other republicans, so no sanctions.