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.