Kari Lake loses at high court, faces trial for defamation

PHOENIX — Kari Lake will have to defend herself in court against claims she defamed Maricopa County Recorder Stephen Richer.

In a brief order Tuesday, the Arizona Supreme Court rejected Lake’s arguments that she had a constitutional right to make her comments about Richer and the way he conducted the 2022 election for governor she lost to Katie Hobbs. Lake also argued that even if she didn’t have that right, she either believed her statements were true or that they were “hyperbole,’’ both of which she said are protected against defamation claims.

The justices did not explain their ruling.

That means Lake’s free speech arguments have now been rejected by a trial judge, the state Court of Appeals and the state’s high court. That leaves her nowhere to go other than back to trial.

“This decision affirms that Mr. Richer has meritorious claims and that, under well-established defamation and First Amendment law, Ms. Lake does not have any defense,’’ said Jared Davidson, an attorney for Richer. “We look forward to proceeding with discovery and to trial.’’

The judge has scheduled a pretrial hearing for August.

Lake does have another option: She could settle the case.

Richer told Capitol Media Services it is up to Lake to approach him with any offer.

"If she wants to propose something, then we'd be willing to listen,'' he said.

"But what it would need to include (is) an acknowledgment that all of this has been false, that none of it was warranted,'' Richer said. "And that needs to happen for my reputational and safety reparations to begin.''

Richer said he had to take measures to protect his family after Lake began making her allegations.

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"There have been real damages,'' he said. "So, yes, there would need to be real compensation.''

There was no immediate response from Lake.

Richer sued Lake and her campaign last year, saying she “spread intentional or reckless falsehoods’’ about what he did in the 2022 election, statements he said harmed him and his family and resulted in threats of violence and death threats for family members.

One involves statements Lake repeatedly made that Richer intentionally printed ballots with 19-inch images on 20-inch ballots to sabotage the 2022 general election. She also said Richer illegally inserted more than 300,000 phony ballots into the system.

The lawsuit says that Lake, her campaign, and the Save Arizona Fund, which Lake has used to raise money, all acted with “actual malice.’’ That is crucial because, in general, people who are considered public figures like Richer cannot sue for defamation unless they can prove by clear and convincing evidence that the person making the statement knew it to be false or that the statement was made with a reckless disregard for the truth.

Richer’s lawyers have pointed out in court filings that the recorder handles early voting and ballots. By contrast, the operation of polling places is left up to the county Elections Department, which answers not to Richer but to the separately elected Board of Supervisors.

Lake sought dismissal, claiming her comments were “mere rhetorical hyperbole’’ that were never meant as statements of fact. But Maricopa County Superior Court Judge Jay Adleman last year refused Lake’s bid to toss the case, saying it will be up to a jury to determine whether the statements are true or not.

In seeking to have the lawsuit dismissed, Lake argued that allowing the case to go to trial would harm political discourse.

Richer is an elected Republican official who faces a GOP primary for reelection. Lake is now a GOP candidate for U.S. Senate.