L-R: Rep. Mark Finchem, R-Oro Valley, former Rep. Anthony Kern, and Rep. Charlen Fernandez, D-Yuma.
By Howard Fischer | Capitol Media Services
A Yuma Democratic lawmaker is asking a judge to toss a defamation lawsuit filed against her by two Republican legislators and a member of Congress
Rep. Charlene Fernandez contends she did nothing wrong in signing a letter asking the U.S. Department of Justice and the FBI to investigate the activities of Rep. Mark Finchem of Oro Valley and now-former Rep. Anthony Kern of Glendale during the Jan. 6 attack on the U.S. Capitol. Both state lawmakers were there but have denied taking part in any disturbance.
There also were questions raised in the letter she signed about GOP Congressmen Andy Biggs and Paul Gosar. These stem from a claim by Ali Alexander, who organized the “Stop the Steal” movement, that he worked with them and Republican Congressman Mo Brooks from Alabama on the plan for the Jan. 6 demonstration.
In filing suit, Finchem, Kern and Gosar — Biggs did not join in — are seeking unspecified damages as well as a court order requiring Fernandez “to publish a full retraction of the false and malicious allegations” in the letter to the federal agencies.
But attorney David Bodney who represents Fernandez, said the claim is flawed. He said that communications with law enforcement like this letter are “absolutely privileged as a matter of Arizona law.”
