Arizona judge slaps down Finchem, Gosar over defamation suit

Aug 30, 2022, 11:45 AM | Updated: 12:33 pm

PHOENIX (AP) — An Arizona judge has ordered three Republicans, including secretary of state nominee Mark Finchem and U.S. Rep. Paul Gosar, to pay $75,000 in attorney fees for filing a defamation suit against a former Democratic lawmaker “primarily for purposes of harassment.”

The Republicans filed the lawsuit last year against former Democratic state Rep. Charlene Fernandez after she called for an investigation of their roles in the Jan. 6 insurrection at the U.S. Capitol. The judge dismissed the lawsuit in April, saying Fernandez’s request was protected by the First Amendment’s rights to free speech and to petition the government.

The lawsuit was “groundless and not made in good faith,” Yuma County Judge Pro Tem Levi Gunderson ruled on Monday, adding that it appeared to have been “written for an audience other than the assigned trial court judge.”

Gunderson said legal filings by the Republicans made irrelevant references to open borders and Democrats Hillary Clinton and Barack Obama.

The lawsuit “was brought for an improper purpose, having been filed against a political opponent primarily for purposes of harassment,” he added.

Fernandez and 41 other Democratic lawmakers signed a letter on Jan. 12, 2021, urging the U.S. Department of Justice to investigate Finchem, Gosar, then-state Rep. Anthony Kern and U.S. Rep. Andy Biggs, all Republicans from Arizona. Finchem and Kern were outside the U.S. Capitol on Jan. 6, while Gosar and Biggs are under scrutiny for their roles in supporting protests leading up to the counting of electoral votes that day. All have denied wrongdoing.

Finchem and Kern, who is running for the state Senate this year, sued Fernandez and were later joined in the suit by Gosar. They claimed the letter was a smear and that Fernandez “baselessly” accused them of the “highest possible crimes against the Government of the United States.”

Finchem said in a text message that he is evaluating his options. A person who answered a cell phone number that Kern has previously used hung up when a reporter identified himself and did not respond to a text message. A spokesman for Gosar did not respond to an email seeking comment.

Of the 42 Democrats who signed the letter, Fernandez was the only one who was sued. She was previously the House Democratic leader but was not in Democratic leadership at the time the letter was signed and publicly released. Fernandez resigned from the Legislature last year to take a job in President Joe Biden’s administration.

Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

AP

FILE - Police officers stand outside a Target store as a group of people protest across the street,...

Associated Press

Pride becomes a minefield for big companies, but many continue their support

Many big companies, including Target and Bud Light's parent, are still backing Pride events in June despite the minefield that the monthlong celebration has become for some of them.

2 days ago

FILE - Then-Democratic presidential candidate Joe Biden plays music on a phone as he arrives to spe...

Associated Press

Biden, looking to shore up Hispanic support, faces pressure to get 2024 outreach details right

Joe Biden vowed in 2020 to work “like the devil” to energize Hispanic voters, and flew to Florida seven weeks before Election Day to do just that.

2 days ago

Editorial members of the Austin American-Statesman's Austin NewsGuild picket along the Congress Ave...

Associated Press

Correction: US-Gannett Walkout story

Journalists at two dozen local newspapers across the U.S. walked off the job Monday to demand an end to painful cost-cutting measures and a change of leadership at Gannett, the country's biggest newspaper chain.

2 days ago

FILE - The logo of the Organization of the Petroleoum Exporting Countries (OPEC) is seen outside of...

Associated Press

Saudi Arabia reducing global oil supply, could spell higher prices for US drivers

Saudi Arabia will reduce how much oil it sends to the global economy, taking a unilateral step to prop up the sagging price of crude.

3 days ago

This photo provided by Robert Wilkes, owner of a house boat management company, shows smoke rising ...

Associated Press

Houseboats catch fire while docked at Wahweap Marina on Lake Powell

More than half a dozen house boats momentarily caught fire at a popular boating destination on the Utah-Arizona line on Friday.

5 days ago

File - Women work in a restaurant kitchen in Chicago, Thursday, March 23, 2023. On Friday, the U.S....

Associated Press

US hiring, unemployment jump in May and what that says about the economy

The nation’s employers stepped up their hiring in May, adding a robust 339,000 jobs, well above expectations.

5 days ago

Sponsored Articles

...

DAY & NIGHT AIR CONDITIONING, HEATING AND PLUMBING

Here are the biggest tips to keep your AC bill low this summer

PHOENIX — In Arizona during the summer, having a working air conditioning unit is not just a pleasure, but a necessity. No one wants to walk from their sweltering car just to continue to be hot in their home. As the triple digits hit around the Valley and are here to stay, your AC bill […]

...

OCD & Anxiety Treatment Center

5 mental health myths you didn’t know were made up

Helping individuals understand mental health diagnoses like obsessive compulsive spectrum disorder or generalized anxiety disorder isn’t always an easy undertaking. After all, our society tends to spread misconceptions about mental health like wildfire. This is why being mindful about how we talk about mental health is so important. We can either perpetuate misinformation about already […]

(Photo: OCD & Anxiety Treatment Center)...

OCD & Anxiety Treatment Center

Here’s what you need to know about OCD and where to find help

It's fair to say that most people know what obsessive-compulsive spectrum disorders generally are, but there's a lot more information than meets the eye about a mental health diagnosis that affects about one in every 100 adults in the United States.

Arizona judge slaps down Finchem, Gosar over defamation suit