Failed Trump-backed Arizona gubernatorial candidate Kari Lake had her day in appellate court on Thursday, where judges in Tucson reviewed her election challenge from 2022 — and it didn't go well for her, reported Arizona legal analysts Paul Weich and Tom Ryan, who chronicled the oral argument in a lengthy thread on X.
Kurt Olsen, the attorney for Lake who recently came under bar investigation for his conduct in litigating the election challenges, was repeatedly challenged by the three-judge panel to explain exactly why the trial judge erred in dismissing the case — and had to be reminded over and over that an appeals court does not take in new evidence, it can only decide whether old evidence was considered correctly.
"How do we know [the trial judge] disregarded the evidence?" one judge asked Olsen. Olsen claimed that "he disregarded the evidence," to which the judge replied, "What's your evidence that the trial judge simply disregarded it." As Olsen continued to try to introduce "newly discovered evidence," the court appeared skeptical.
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Olsen also repeated a longstanding talking point from Kari Lake, Ryan noted.
"Oh, Sweet Baby Moo Cows! [Olsen] is now trying to contend that a GOP majority Maricopa County Board of Supervisors tipped the balance of scales against Republicans, because Republicans show up at a rate of 3:1 on Election day vs. Democrats! Sheesh!" wrote Ryan.
Lake has never acknowledged her loss to then-Secretary of State Katie Hobbs was legitimate, claiming the race was stolen. The Republican-dominated state Supreme Court has repeatedly declined to take up a review of the matter for lack of evidence. Among Lake's grievances was the fact that election day tabulators in a handful of Phoenix-area precincts experienced glitches. However, this didn't actually interfere with anyone's ability to have their vote counted.
Watch the full oral argument below or at the link here.
Oral Argument - 2 CA-CV 2023-0144, KARI LAKE v. KATIE HOBBS youtu.be
