In a continuously failing GOP conspiracy to overturn the November 3 election, Republican state legislators subpoenaed the Maricopa Supervisors’ election records. Bungling GOP lawyers Kory Langhofer and Thomas Basile sued to enforce the subpoenas — but their frivolous case was just dismissed.
Superior Court Judge Randall Warner ruled that the lawyers cited the wrong state law and asked for an improper remedy. State laws have lots of numbers and letters, and it’s hard for these GOP lawyers to get them straight.
Lucky for lawyers Kory Langhofer and Thomas Basile, the judge gave them a do-over. With their record of losing frivolous election lawsuits, the GOP lawyers could use the help.
We first heard about Kory Langhofer in the article Bar Complaint Filed Against Attorneys in Frivolous AZ GOP Lawsuits. We learned more about Thomas Basile in 21 Trump Lawyers Charged with Filing Bogus Election Lawsuits in Arizona.
Both amateurish GOP lawyers work at the comically-named “Statecraft” law firm in Phoenix. Their website boasts the lawyers have 500 media appearances. Perhaps they play better lawyers on TV.
The judge ruled that Langhofer and Basile incorrectly sued under Arizona Revised Statute § 12-2021 when they should have sued under ARS § 12-2212. As you can see, there are lots of numbers to keep straight.
It all started with unhappy GOP legislators Karen Fann (R-LD1), the President of the state Senate, and Eddie Farnsworth (R-LD12), Chair of the state Senate Judiciary Committee.
They were sad about the election outcome, so the duo issued subpoenas on December 15 to the Maricopa Supervisors to get all the election records. The senators wanted everything but the kitchen sink: ballot tabulation equipment, related software, hardware, removable media, voter rolls, voter records, paper ballots, and other materials and records.
The astonished Supervisors said “no” on December 18 and hired some real lawyers to fight the oppressive subpoenas. The Supervisors argued that the subpoenas were unconstitutional and illegal.
- The Maricopa election results were audited on November 20, and the hand count matched the machine count exactly.
- The state certified the election results on November 30.
- Arizona’s eleven Presidential Electors cast their votes for Joe Biden on December 14.
But Fann and Farnsworth are in a hurry to tell Congress about their “questions and concerns” about the election before January 6. They have no evidence so they wanted a “forensic audit” of the county’s election results.
Lawyers stumble into action
On December 21, GOP lawyers Kory Langhofer and Thomas Basile sued to enforce the subpoenas. But they erroneously asked for a writ of mandamus, which is an extraordinary legal remedy.
The supervisors asserted:
- No statute requires the Maricopa County Board of Supervisors to provide Farnsworth with complete access to Maricopa County’s voting systems.
- The Supervisors have no duty to respond.
- The correct legal remedy is for the legislature to call itself into session. But the legislature is out of session, and no laws will be passed before January 11, 2021.
- The Senate has issued no resolution granting them authority to enforce the subpoenas.
- The lawyers failed to allege any injury or damages.
In attorney-speak, Kory Langhofer and Thomas Basile had no “standing” (right to file suit) and failed to state a claim. This is basic stuff taught in the first year of law school.
The judge agreed with the Supervisors that “Mandamus is not a proper remedy for enforcement of a legislative subpoena,” adding that “neither the federal cases cited, nor any provision of the Arizona Constitution cited, supports a grant of such implied power to individual legislators or legislative leadership.”
We await the next case to be filed by Kory Langhofer and Thomas Basile. Like all the other “election fraud” cases, it will likely be flushed down the toilet by the courts.
For more fun reading, check out GOP Clown Car of Lawsuits Finally Crashes