Alan Dershowitz seeks to avoid fine in Lake, Finchem case, says he only consulted

Retired Harvard University law professor Alan Dershowitz says he wasn't really part of the legal team representing Kari Lake and Mark Finchem in a federal lawsuit to ban voting machines in Arizona last year.

Now, nine months after his name first appeared on the failed lawsuit, the 84-year lawyer says he shouldn't be punished for it.

Dershowitz told the court he was merely a consultant in the case and should not face any financial sanctions the judge is considering against other lawyers in the case.

"He did not participate in the drafting of the complaint or in any investigation," Dershowitz's lawyer said in a Dec. 29 motion arguing against making him pay attorney fees. "His only role was as a legal consultant — a role that he has served in for numerous cases."

Dershowitz never met Lake or Finchem and did not work for them, according to the filing. He was instead hired by another lawyer in the case to provide advice on the constitutional issue of whether voting machine companies can withhold information from the public on the inner workings of equipment.

"He never reasonably expected, based on the limited nature of his appearance, to be at risk of personal liability for $141,690.00 in attorneys’ fees, which Maricopa County claims to have incurred," the motion argued.

In a scathing rebuke last month, U.S. District Court Judge John Tuchi dismissed the Lake and Finchem lawsuit as groundless and ordered sanctions against lawyers in the case to deter "similarly baseless suits in the future." Maricopa County officials are seeking $141,690 to cover legal expenses officials say they spent defending the lawsuit.

Lake and Finchem, who were endorsed by former President Donald Trump, built their losing campaigns for governor and secretary of state on unfounded election conspiracies and claims that Arizona's 2020 election was rigged in favor of President Joe Biden.

They filed suit in April to block Maricopa and Pima counties from using any electronic device to cast or count votes and instead asked the court to require paper ballots and order counties to conduct a hand count of ballots.

Tuchi described the suit as a "frivolous" blend of conjecture and falsity that "never had a factual basis or legal theory that came anywhere close" to meeting the burden of proof needed for a federal intervention in a state election.

Lake and Finchem have appealed Tuchi's ruling. They are asking the 9th U.S. Circuit Court of Appeals to give them an opportunity to present evidence at trial.

The two key lawyers listed in the case are longtime Trump supporters who unsuccessfully pushed election fraud claims on behalf of the former president.

Minnesota lawyer Andrew Parker represented MyPillow founder and CEO Mike Lindell, who is facing a $1.3 billion defamation suit by Dominion Voting Machines over claims that the company rigged the 2020 election.

Washington, D.C., lawyer Kurt Olsen sought to overturn the 2020 election in states that voted for Joe Biden. He also represented Lake in a separate lawsuit last month to toss out Maricopa County's election results, claiming without evidence in a hearing that hundreds of thousands of illegal votes were processed on Election Day.

Neither Parker nor Olsen responded to interview requests Tuesday. Both have filed motions opposing the sanctions.

Dershowitz was listed third on legal filings under the designation "of counsel," which often refers to a lawyer who has a relationship with another lawyer or law firm without being employed by it.

"Mr. Dershowitz expressly refused to become counsel in the case and insisted on being listed as only 'Of Counsel,'" the motion states. "A distinguished lawyer with a distinguished career and impeccable record, who is only “of counsel” in this matter on a limited constitutional issue, should not be subjected to the chilling and damaging effect of a sanction."

Dershowitz wasn't party to any actual legal filings, a number of which used his old address in Cambridge and misidentified the name of his consulting firm, according to the motion.

Dershowitz helped to defend Trump in his 2020 Senate impeachment hearing. He also was hired by Lindell last year to represent him in the defamation case, which is where he developed the legal theory that voting machine companies should not be able to claim trade secrets shield them from public disclosure, according to the motion.

Phoenix lawyer Dennis Wilenchik said Thursday he is the lead attorney for Dershowitz and will argue the case in court, even though the motion was filed under Jack Wilenchik's name.

"We believe his role in no way warrants any sanction or will be upheld on appeal if the court orders it," Dennis Wilenchik said in an email.

Jack Wilenchik had his own role in efforts to usurp election results in Arizona and is facing an investigation by legal regulators for a plot to substitute the state's electors with ones who falsely claimed Trump won.

The motion drew a hard line separating Dershowitz from any election conspiracies, saying Dershowitz "strongly believes that the 2020 election was fair and resulted in the correct outcome."

Robert Anglen is an investigative reporter for The Republic. Reach him at robert.anglen@arizonarepublic.com or 602-444-8694. Follow him on Twitter @robertanglen.

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This article originally appeared on Arizona Republic: Alan Dershowitz seeks to avoid fine in Lake, Finchem case