Lake “seeks to avoid the legal discovery process, which would have required Lake to produce emails, text messages and other evidence”

Wednesday, March 27th, 2024

ARIZONA -–  Yesterday, Kari Lake balked at the “prospect of turning over information” in the defamation case against her and her nonprofit filed by Maricopa County Recorder Stephen Richer, raising questions for Arizonans about what she is hiding.

Reports since Lake’s “surprise court filing” have raised questions about why “Lake’s filing came right before the case entered the discovery phase – the process during which parties exchange potentially relevant evidence, including emails and other documents in their possession” given that in other cases “information obtained in discovery has led to humiliating public disclosures.”

A Phoenix based lawyer noted, “the discovery process […] including private communications like text messages between Lake and others, is exactly why she and her lawyers chose to default.”

In a video Lake released yesterday, “Lake even doubled down on her claims […] saying that the suit was a continued attempt to interfere with the 2024 election.” Her decision to attempt to skip discovery is a “sharp turn from a post on social media just a couple of months ago that she was looking forward to the discovery of evidence in the case.”

Read more: 

Arizona Republic Opinion: Stephen Richer inches closer to draining Kari Lake in defamation lawsuit. “Kari Lake has forfeited her right to defend herself against Stephen Richer’s defamation lawsuit, no doubt terrified of what would come out during discovery.”

The Guardian: Kari Lake won’t contest claims she defamed Arizona election official. “Lake’s filing came right before the case entered the discovery phase – the process during which parties exchange potentially relevant evidence, including emails and other documents in their possession. In other defamation cases, information obtained in discovery has led to humiliating public disclosures, including revelations that key Fox News talent knew claims about the election being stolen were false.” 

Arizona Mirror: Kari Lake gives up and won’t defend herself in Stephen Richer’s defamation lawsuit. “Lake even doubled down on her claims in the video, saying that the suit was a continued attempt to interfere with the 2024 election… Lake’s statements in the video are a sharp turn from a post on social media just a couple of months ago that she was looking forward to the discovery of evidence in the case. [Phoenix personal injury lawyer Tom] Ryan thinks that the discovery process, in which both sides would have to provide information pertinent to the case to the other side, including private communications like text messages between Lake and others, is exactly why she and her lawyers chose to default.”

Capitol Media Services/Tucson Sentinel: Kari Lake admits she defamed Republican election official. “In filing suit, Richer said Lake, her campaign and the Save Arizona Fund, a political action committee she has used to raise money, acted with “actual malice.’’… Lake initially sought to have the case thrown out, claiming her comments were “mere rhetorical hyperbole’’ that were never meant as statements of fact. A trial judge rejected that assertion, a decision upheld earlier this month by the Arizona Supreme Court. That left only two options for Lake: go to trial or concede… In admitting that she acted with actual malice, Lake also opens herself up to having to pay punitive damages….That could involve subjecting Lake to depositions to answer questions about her decisions to make the comments.”

Arizona Republic: Kari Lake wants to forfeit ability to defend herself in ongoing defamation lawsuit. Here’s why. “Faced with the prospect of turning over information that could be used against her at trial, former gubernatorial and current U.S. Senate candidate Kari Lake is seeking to forfeit her ability to defend herself in court in an ongoing defamation case. Lake and her attorneys are requesting default judgment, which means a jury would decide damages in the suit. The request means Lake avoids discovery, the formal process of exchanging information between attorneys about witnesses and evidence that could be presented before a jury at trial.”

Washington Post: Kari Lake won’t defend her statements about Arizona election official. “Lake requested the judge set what is known as a default judgment hearing, which would essentially bypass the legal process for her to defend her comments.  …The request came Tuesday as the case entered a discovery process, a behind-the-scenes phase where both sides exchange information — which can sometimes include emails, text messages and recordings — in preparation for trial.”

Arizona Family: “The latest filing appears to be an “about-face” with regard to Lake’s legal strategy. In the past, Lake stated she would continue to mount a defense against the lawsuit. The new strategy seeks to avoid the legal discovery process, which would have required Lake to produce emails, text messages and other evidence that could show whether she knew that what she said about Richer was false when she said it.”

ABC 15’s Garrett Archer: “Election fraud fan fiction is always true right up to the point of discovery.”