PHOENIX — A defamation lawsuit against Kari Lake can now proceed to trial in the midst of her Republican primary campaign for the U.S. Senate.
An Arizona Appeals Court on Wednesday rejected Lake's request to immediately review a lower court ruling that allowed the suit to proceed. The court issued a one-sentence order declining to take up the matter.
Maricopa County Recorder Stephen Richer, a fellow Republican, sued Lake last year for making false and defamatory statements about him after her defeat in the 2022 race for governor.
Lake's false statements about Richer's alleged role in specific events during the election subjected Richer to "violent vitriol" and death threats, according to his lawsuit.
A Maricopa County judge ruled last month that Lake's statements went beyond campaign rhetoric and that a trial might reveal she acted with "actual malice," the legal hurdle for public figures to show they were defamed
Lake has claimed in social media posts that Richer's lawsuit is an attempt to muzzle her.
The case now moves to discovery, with lawyers for both sides conducting interviews and seeking evidence to build their cases.
Richer's lawyers could take a sworn deposition from Lake that probes the factual basis for her allegations against Richer. That could prove to be a problem for a candidate who insists, without evidence, that the 2022 election was rigged against her.
Lake has lost every court challenge to Democratic Gov. Katie Hobbs' 17,000-vote victory in 2022.
Lake's lawyers have been sanctioned by two courts, and accused of lying by the Arizona Supreme Court. Two of her lawyers - Bryan Blehm and Kurt Olsen - face disciplinary action by the State Bar of Arizona.
12News is seeking comment from Lake's attorney. Richer's legal team declined to comment.
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