Court filings in defamation suit against Kari Lake hint at what discovery might reveal

Court filings in an ongoing defamation case against Republican Kari Lake offer the first glimpses at what information parties in the lawsuit are seeking, and what records might reveal if the issue proceeds to a damages hearing.

Lawyers for Maricopa County Recorder Stephen Richer, who initiated the lawsuit last year, say in legal documents that Lake has refused to produce information about her social media metrics and her financial situation, among other records.

Lake's attorneys say she doesn't have possession of many of the requested documents, and that Richer hasn't turned over all of the records they requested, either. Those include medical records and documentation of cameras and other items purchased by Richer for his home in the wake of threats that he says were fueled by Lake and her campaign.

The lawsuit accuses Lake and her affiliates of spreading false information about Richer after she lost her gubernatorial race in the November 2022 election. Richer alleges Lake knew, or should have known, the statements were false. Lake is now running for U.S. Senate and Richer, a Republican, is seeking reelection to his county recorder seat.

The suit is widely expected to serve as a high-profile test of whether false election statements against known public officials could be actionable in court, and it could unearth a slew of sensitive records shedding light on efforts to sow doubt in election results.

For instance, Richer's attorneys are requesting record of Lake's communications with Republican figures and donors related to her false election claims. Such information has never before been publicly released, but could be revealed in court if the case goes to a damages hearing.

The case is currently in discovery, the formal process of exchanging information between attorneys about witnesses and evidence. So far, proceedings have been rife with disagreements between Richer's and Lake's legal teams.

Lake's attorneys previously attempted to bypass the discovery process and proceed straight to a damages hearing in the case. The court ultimately ruled in May that the case would be subject to discovery.

But continued arguments over the process recently drew an order from Maricopa County Superior Court Judge Randall Warner prescribing a four-week schedule to resolve the discovery conflicts. In the order, first reported by legal blog Arizona's Law, Warner said Richer must create a "reasonably tailored" list of records sought via discovery and Lake must undertake "a reasonable search" for them.

"The court will not rule that Lake must produce everything requested, nor that she need not produce anything," Warner wrote. "Rather, the parties are directed to narrow the issues in light of the above so that a specific order to compel can be issued if there is further disagreement."

Dennis Wilenchik, an attorney representing Lake in the case, said Warner's order was "an immediate positive ruling for us."

"The other side has to prove damages he doesn’t have, and are therefore complicating everything," Wilenchik said, adding in a subsequent email to The Arizona Republic that he believes Richer's lawyers are trying to drag the case out to distract Lake from her Senate race.

Cameron Kistler, counsel at Protect Democracy and one of Richer's attorneys for the lawsuit, said his team has handled the discovery process appropriately.

"We have and continue to abide by our discovery obligations and hope that the defendants will do the same," Kistler said.

Amid discovery disagreements, Richer seeks records from Lake affiliates

As disagreements over discovery have continued to unfold, Richer's team has begun to pursue other avenues to obtain records and information pertaining to Lake and her election claims.

Attorneys for Richer recently filed subpoenas seeking information from MyPillow founder Mike Lindell and podcaster Michael Krechmer. Court records show they are also requesting documents from Lake's husband, Jeffrey Halperin, and local conservative activist Merissa Hamilton.

Lindell is a prominent election conspiracist and ally of former President Donald Trump. Krechmer, also known as Michael Malice, is an author and podcaster who has contributed to Fox News and other conservative media outlets. Hamilton is currently the executive director of the Save Arizona Fund, a nonprofit that serves as Lake's legal fundraising arm.

The subpoenas, which were approved by the court, demand information about the private metrics of podcast episodes hosted by Lindell and Krechmer in which Lake made defamatory statements. Richer's attorneys said in court documents that the metrics are "directly relevant" to calculating his damages. Wilenchik said he views the subpoenas as an attempt to expand the limits of a potential damages hearing.

Lindell and Krechmer did not immediately respond to requests for comment.

Richer's attorneys said in court documents that they also asked Hamilton for "documents concerning the reach and scope of defendants' defamatory statements, defendants' efforts to profit based on those lies, defendants' campaign to knowingly spread lies about Richer, and their knowledge of threats and other harm to Richer and election workers."

Hamilton told The Republic that she was subpoenaed on May 30. The request had a deadline of June 14, and Hamilton said she attempted to drop off more than 100,000 printed pages of responsive documents to the office of one of Richer's attorneys on that date. She said the attorney "no-showed." Hamilton filmed video of the closed office that she posted to social media.

Lawyers for Richer said in court documents that Hamilton first contacted their legal team on the morning of the deadline and said she was finishing printing and compiling the requested documents. They said Hamilton quoted them clerical costs of more than $30,000 and demanded they pay before she turned over the records.

When Richer's attorneys responded to Hamilton, disputing the amount owed and her decision to print electronic records, they said she didn't respond and later showed up at their closed office with dozens of boxes of documents.

"After completing that stunt, Hamilton again demanded that Richer pay her $32,345.50 and argued that the terms of the subpoena required her to print all responsive documents," the attorneys wrote in a court filing. "But Hamilton has refused to comply with the subpoena or even to offer times to confer by phone, despite Richer's repeated requests to do so."

In a statement to The Republic, Hamilton accused Richer and his lawyers of a "pattern of legal abuse."

"It's very disrespectful to the institution of our justice system to use our courts as a playground for his authoritarian cosplay," she said. "Stephen should pay his legal bills."

What's next?

Document production in the case is expected to conclude by the end of August.

Warner's recent order also prescribes some new dates to work through ongoing disputes in the discovery process.

He ruled that Richer must provide Lake with his list of requested records by July 19. She will then have until Aug. 2 to file a document specifying whether each item has been searched for and produced. If she and her attorneys are objecting to handing a piece of information over, Warner said they must document their basis for doing so in the court filing.

By Aug. 9, both legal teams must file a joint memo specifying any remaining disputes for the court to decide.

"The court notes that, as in all discovery disputes, specificity and reasonableness tend to be more persuasive," Warner wrote.

Then, lawyers will be back in court on Sept. 10 for a status conference. The court has yet to set a date for a damages hearing, leaving the case's end date wide open.

With an expedited schedule, a court decision could come in the weeks immediately before Election Day. If court dates fall at a more normal pace, the suit is likely to conclude after the general election.

Republic reporter Fernando Cervantes Jr. contributed to this article.

Sasha Hupka covers county government and election administration for The Arizona Republic. Reach her at [email protected]. Follow her on X, formerly Twitter: @SashaHupka. Follow her on Instagram or Threads: @sashahupkasnaps. Sign up for her weekly election newsletter, Republic Recount.

This article originally appeared on Arizona Republic: Attorneys file subpoenas in defamation case against Kari Lake