Arizona Supreme Court Hears Oral Arguments from Arizona Republican Party Appealing Sanctions over Election Lawsuit, Grills Opposing Attorney

Arizona Supreme Court

The Arizona Supreme Court heard oral arguments last week from the Arizona Republican Party (AZGOP) and opposing litigant Secretary of State (AZSOS) over lower courts awarding sanctions against the AZGOP for filing a “groundless” lawsuit “in bad faith.” The AZGOP sued Arizona officials immediately after the 2020 election for conducting a post-election audit that the AZGOP contended did not comply with the law. The AZGOP said the law required the audit to be conducted at the precinct level, but the audit was conducted at the voting center level according to the state’s Election Procedures Manual (EPG), which the AZGOP claimed contradicted state law. 

The AZGOP said A.R.S. § 16-602 requires precinct-level audits. The relevant part of that statute, (B)(1), provides, “ At least two percent of the precincts in that county, or two precincts, whichever is greater, shall be selected at random from a pool consisting of every precinct in that county.” In contrast, the EPM states that in counties which utilize vote centers, vote centers will be used for the audits. 

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Gina Godbehere Jumps into Maricopa County Attorney Primary Race Against Incumbent Rachel Mitchell

Gina Godbehere

Maricopa County Attorney Rachel Mitchell will face the same challenger in the Republican primary this year as she did in the 2022 special election Gina Godbehere.

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U.S. Unveils New Sanctions Against Hamas

The Treasury Department unveiled sanctions on a number of Hamas operatives and financial facilitators Wednesday in the wake of terrorist attacks on Israel.

Palestinian terrorist organization Hamas carried out attacks against Israel on Oct. 7, resulting in the deaths of over 1,400 Israelis and the kidnapping of over 100 people, including Americans. The Biden administration has taken steps to castigate Hamas since the attacks, including imposing sanctions against Hamas operatives and financial actors in an effort to throttle the group’s funding, according to a press release from the Treasury.

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Obama-Appointed Judge Awards $122,200 in Sanctions Against Kari Lake’s Attorneys for Lawsuit over Voting Machine Tabulators

U.S. District Court Judge John Tuchi, who was appointed to the bench by President Barack Obama, awarded sanctions in December against Kari Lake’s and Mark Finchem’s attorneys over their lawsuit against electronic voting machine tabulators in December. In his July 14 order, he emphasized that the sanctions are to be used “only in the most egregious situations” and as a “deterrent” to others who might be considering similar lawsuits.
Lake addressed the sanctions during an interview Wednesday on The Colonel of Truth. “I sued to get rid of the machines in Arizona about a year before the election,” she said. “No, actually, I’m sorry. About six months. An Obama judge threw the case out, tried to sanction our attorneys. We took it to the 9th Circuit. They’re sanctioning our attorneys. I tried to prevent the disaster of voting machines with this lawsuit BEFORE the election. We get to the election, the machines break down & they’re saying ‘you shouldn’t have bought it.’”

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U.S. Treasury Dept. Announces Sanctions on Mexican Migrant-Trafficking Gang

The U.S. Treasury Department on Friday announced sanctions against a migrant-trafficking gang based in Mexico that has operated since at least 2018. 

The Hernandez Salas organization, based in the border city of Mexicali, Mexico, across the border from Calexico, California, has organized travel for countless migrants seeking to cross into the United States, the Treasury Dept. said in a statement. 

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Maricopa County GOP Censures Attorney for Requesting Sanctions Against Kari Lake

Maricopa County Attorney Rachel Mitchell, a Republican, is in hot water with Republicans after representing the Maricopa County Supervisors (MCBOS) twice asking for sanctions against Kari Lake over her election lawsuits. A judge derisively dismissed the second request a couple of weeks ago, prompting the Maricopa County Republican Committee (MCRC) to censure Mitchell on June 6. 

Brian Ference, member at large with the MCRC and behind many of the group’s recent censures, told The Arizona Sun Times, “The recent censures show an unprecedented level of unity of Republicans holding their elected officials accountable. Just like with Rusty Bowers, the critical part is to take them as a call to action to door knock and inform the voters and then primary them.”

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Mark Finchem Slams ‘Two Tier Justice System,’ Advocates Removing Judges After Sanctions Granted Against Him for Election Challenge

Maricopa County Superior Court Judge Melissa Iyer Julian awarded sanctions on May 26 against Mark Finchem and his attorney over Finchem’s lawsuit challenging his election loss in the Arizona Secretary of State’s race to Democrat Adrian Fontes.

Finchem issued a response from his Substack. Titled “Yes, We Have a Two Tier Legal System.” In this piece, he advocated removing “judges who act outside of the law.”

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Judge Rejects Maricopa County’s Request for Sanctions Against Kari Lake, Says Election Lawsuit Wasn’t ‘Groundless’

After ruling against Kari Lake in a remanded election trial challenging her gubernatorial loss to Katie Hobbs, Maricopa County Superior Court Judge Peter Thompson rejected Maricopa County’s motion for sanctions against Lake on Friday, just three days after their attorneys filed the request. The county’s attorneys asserted that Lake’s team made several false statements to the court. Lake’s attorneys filed a response opposing the request on Thursday.

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Maricopa County Asks for Sanctions Against Kari Lake for Contesting Election

For the second time, Maricopa County Attorney Rachel Mitchell is representing Maricopa County officials asking for sanctions against Kari Lake and her attorneys related to the 2022 election.

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Arizona Supreme Court Declines to Sanction Kari Lake’s Attorneys, Issues Fine

The Arizona Supreme Court declined to award significant sanctions against Kari Lake’s attorneys for contesting the election results of the gubernatorial race. Instead, on Thursday the court ordered $2,000 in sanctions against her attorneys for asserting it was an “undisputed fact” that 35,563 ballots were inserted into the ballot counting process at Runbeck Election Systems. The court declined to award attorneys fees to her opponents.

The Arizona Supreme Court said in its opinion that Lake “repeatedly” asserted in pleadings that 35,563 ballots were “added” or “injected” at Runbeck. “Not only is that allegation strongly disputed by the other parties, this Court concluded and expressly stated that the assertion was unsupported by the record, and nothing in Lake’s Motion for Leave to file a motion for reconsideration provides reason to revisit that issue.”

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Kari Lake Files New Motion, Claims Runbeck ‘Inserted’ Ballots

After the Arizona Supreme Court remanded Kari Lake’s election contest back to the trial court to reconsider the signature verification problems and began considering sanctions against her, Lake responded with a new pleading. Lake filed a Petitioner’s Opposition to Motion for Sanctions and Cross-Motion for a Procedural Order for Leave to File a Motion for Reconsideration of the Denial of her Petition for Review on Wednesday in the Arizona Supreme Court.

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Mark Finchem Responds to Sanctions for Bringing Election Challenge over Voter Disenfranchisement in His Race

Maricopa County Superior Court Judge Melissa Julian awarded sanctions last week against Mark Finchem and his attorney Tom McCauley over Finchem’s lawsuit challenging his election loss in the Arizona Secretary of State’s race. Democrat Adrian Fontes, who won the race, asked the court for sanctions in December. Finchem and McCauley will be required to pay attorneys fees, the legal costs of Fontes’, and then-Secretary of State Katie Hobbs’ office defending against the lawsuit. Finchem issued a statement after the ruling.

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State Legislative Leaders Weigh in on Abe Hamadeh’s Election Challenge with Friend of the Court Brief

The Arizona State Senate and House leaders, Sen. Warren Petersen (R-Mesa) and Rep. Ben Toma (R-Peoria), filed an amici curiae brief, known as a friend of the court brief, weighing in on Republican Abe Hamadeh’s request for a new trial in his election challenge.

“Our system of government depends on the accurate tabulation of every legal vote. This imperative does not lapse on Inauguration Day; it imparts to the courts an enduring obligation to guarantee a full and fair adjudication of every bona fide dispute that may be material to the determination of an election,” according to the brief.

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Abe Hamadeh Files for a New Trial While Kris Mayes Seeks Attorney’s Fees

Despite the swearing-in of Kris Mayes as Attorney General (D), Republican Abe Hamadeh is not giving up his election contest just yet, filing a Motion for a New Trial Tuesday night in the Mohave County Superior Court.

“Today, I am filing a ‘Motion for New Trial’ after the shocking revelations from the recount. It’s simple, if the judge allows us to inspect and count the ballots – we win. Kris Mayes will either resign or be removed from office. Count the votes accurately,” said Hamadeh.

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In Similar Cases to Lake’s and Finchem’s Lawsuit over Electronic Voting Machine Readers, Judges Did Not Order Sanctions Against Attorneys

The judge in Kari Lake’s election challenge lawsuit declined to award sanctions against her attorneys, although he did order her team to pay the costs of the government defendants. However, in a lawsuit Lake filed earlier this year with Mark Finchem contesting the use of electronic voting machine readers, U.S District Judge John Tuchi, who was appointed to the bench by President Barack Obama, sanctioned her attorneys. 

That lawsuit was filed in April and Tuchi dismissed it in August. Maricopa County asked for sanctions on the grounds that attorneys brought claims to court that were “demonstrably false,” citing “vague” allegations that machine counting can produce inaccurate results. Tuchi said the attorneys acted “recklessly” and in “bad faith.” He ordered Lake and Finchem’s lawyers to pay Maricopa County’s attorneys fees. He warned others considering similar lawsuits, “It is to penalize specific attorney conduct with the broader goal of deterring similarly baseless filings initiated by anyone, whether an attorney or not.”

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Candidates Hopeful for Election Challenges After Certification, Since Early Lawsuits Had Less Statutory Backing

The Trump-endorsed slate of candidates in Arizona’s top races who allegedly lost their races have started pursuing legal challenges over what they believe was an election rampant with voter disenfranchisement and suppression. One of the first challenges was turned away on Tuesday as premature, a lawsuit by Attorney General candidate Abe Hamadeh and the Republican National Committee (RNC), but election law attorneys say this should not be taken as a sign that there are no valid grounds to overturn the election. 

Bob Brickman, an election and regulatory attorney in Phoenix, told The Arizona Sun Times while he “understands the strategy of suing now, since fraud really should be challengeable any time, Arizona law is clear that election challenges cannot be brought until five days after after the state has certified the results, which is scheduled for Dec. 5.” 

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China Sanctions U.S. Defense Industry Tycoons

China announced sanctions against CEOs of two major U.S. defense contractors Friday for their role in an arms package the State Department approved for Taiwan on Sept. 2.

Chinese foreign ministry spokesperson Mao Ning said the sanctions against Raytheon CEO Gregory J. Hayes and Boeing Defense CEO Ted Colbert will “defend China’s sovereignty and security interests” against U.S. “military contact” with Taiwan. The Biden administration notified Congress of its intent to transfer $1.1 billion worth of military equipment to Taiwan earlier this month, including 60 anti-ship missiles Boeing Defense agreed to produce and 100 air-to-air missilescontracted with Raytheon.

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Kari Lake and Mark Finchem Denounce Maricopa County Supervisor’s Motion for Sanctions over Election Integrity Lawsuit

Mark Finchem and Kari Lake

Trump-endorsed Arizona gubernatorial candidate Kari Lake filed a lawsuit along with Trump-endorsed State Rep. Mark Finchem (R-Oro Valley), who is running for Arizona Secretary of State, in April to block the use of electronic voting machines to count ballots in the 2022 election. The Maricopa County Supervisors responded last week with a motion requesting sanctions against the pair and their attorneys, which include former Harvard Law School Professor Alan Dershowitz, asserting that the suit was “frivolous.” 

Finchem tweeted, “The threatened action by the Maricopa County Board of Supervisors, is nothing more than the attempted weaponization of the judicial process against the political process. If they can’t stand up to scrutiny for elections, that’s their problem — not our problem. Elections must be secure and trustworthy, Maricopa County has demonstrated neither is the case in the last election. “

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Biden Expected to Sign First Executive Order Regulating Cryptocurrency

Joe Biden is set to sign an executive order that will begin the process of regulating the trading of cryptocurrency, as crypto becomes a viable alternative for Russians seeking to avoid the impact of economic sanctions.

According to ABC News, at least two anonymous Biden Administration officials said that the order will be issued this week, and has allegedly been in the planning stage since before the Russian invasion of Ukraine in late February. The order will outline the various steps that government agencies, including the Treasury Department, are to take to begin the process of imposing regulations on the buying and selling of digital currencies.

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Russian’s Financial Markets Remain Closed, as Punitive Ukraine Sanctions Go into Effect

Russia’s financial markets remain closed Wednesday for the third day in a row as the country’s economy continues to take massive hits caused by Ukraine-related sanctions from Western countries.

The closure of the Russian exchanges is the longest since since 1998, according to Bloomberg News.

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Representative Mark Green Introduces Bill to Sanction Russia

Representative Mark Green (R-TN-07) introduced a bill Wednesday to sanction Russia for their invasion of the Donbas region of Ukraine.

If enacted, the Restraining Russian Imperialism Act would instruct the Biden administration to impose sanctions if Russia does not completely withdraw from the region within a year.

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