In a recent ruling by Maricopa County Superior Court Judge Jay Adleman, Kari Lake, an unsuccessful Republican candidate for governor, has been tasked with substantiating the allegations she made against Maricopa County Recorder Stephen Richer in order to avoid being found guilty of defamation.

Judge Adleman emphasized that the claims Lake made that accused Richer of election sabotage were not mere rhetorical hyperbole, as argued by her lawyers.

Instead, he stated that these assertions could be considered as either true or false and thus fall under the category of actionable assertions of fact under Arizona law. Consequently, Lake is now obligated to present evidence in court supporting her accusations.

Adleman noted that Richer’s legal team has presented sufficient allegations to establish a potential case of “actual malice” against Lake, her campaign, and the Save Arizona Fund, which has been used to raise funds.

The concept of “actual malice” requires public figures, like Richer, to prove that defamatory statements were made with knowledge of their falsity or with a reckless disregard for the truth.

This ruling sets the stage for a trial, where Lake will need to substantiate her claims—a task she has been unable to accomplish in her previous legal efforts to challenge her loss in the 2022 election against Democrat Katie Hobbs, who emerged victorious with a margin of over 17,000 votes.

Lake responded to the ruling on X.

Richer expressed satisfaction with the opportunity to present his case before a jury and highlighted the numerous threats and damage to his reputation that he and his family have endured as a result of Lake’s accusations.

The lawsuit centers around two main claims made by Lake. The first involves alleged problems in Maricopa County in the election, particularly issues with printing 20-inch ballots instead of the required 19-inch ones, which lead to long lines at vote centers.

Lake asserted that this was a deliberate act by Richer and others to deter Republican voters. However, evidence suggests that equipment failures were the primary cause of the Election Day difficulties.

The second claim pertains to Lake’s accusation that Richer injected around 300,000 fraudulent early ballots into the final vote count. Richer pointed out that a trial judge had previously found no substantiation for Lake’s claim of intentional misconduct.

Judge Adleman determined that these claims could be subject to a defamation lawsuit, and rejected Lake’s assertion that the case should be dismissed under the state’s anti-SLAPP law, which protects individuals from lawsuits that aim to suppress their constitutional rights.

The court’s ruling signifies that these claims cannot be dismissed as mere rhetorical exaggeration and must be examined in a legal context.

Lake’s claims mirrored false claims made by her ally, former President Donald Trump, about the 2020 election. Lake’s lawyers are facing possible disbarment for making false claims in court.

In October, Lake announced that she is running for an Arizona U.S. Senate seat in 2024.

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Article by Baila Eve Zisman

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