First up, the House Oversight Committee (in D.C., not the state) is still waiting for documents they’ve asked for from Cyber Ninjas:
From @JeremyStahl:
The #azaudit failed to "produce all materials surrounding the audit, as requested…" House Oversight Committee chairwoman @RepMaloney confirms the committee will escalate if non compliance continues.https://t.co/7AfPSzttMs— The AZ – abc15 – Data Guru (@Garrett_Archer) August 4, 2021
According to Slate, Cyber Ninjas’s lawyers are asking for more time as House Dems have asked for literally everything regarding the audit:
The Oversight Committee has requested any and all documentation about every minute detail of the Maricopa County audit, including information on its bizarre vote-counting procedures, complete data about its funders, training materials, any documented complaints about the audit, details around the audit’s hunt for bamboo-laced paper, and any communications auditors had with former President Donald Trump or anyone in his orbit, including Rudy Giuliani, Michael Flynn, or former Trump administration officials.
And to update you on the alleged missing 74,000 votes, a new analysis out from ABC 15’s Garrett Archer and the Arizona Mirror has reportedly “debunked that claim”:
Cyber Ninjas CEO Doug Logan testified that more than 74,000 mail-in ballots had been counted without any "clear record of them being sent."
Here's how @Garrett_Archer and @ArizonaMirror debunked that claim:https://t.co/HeYmXKBBNp
— KJZZ Phoenix (@kjzzphoenix) August 4, 2021
From ABC 15 on what they found:
ABC15 and the Arizona Mirror examined the same records that Logan has, and found 74,241 people who are listed as voting by early ballot but aren’t on the EV32 reports. Of those voters, 74,238 appear in the master file of general election voters. More than 99.4% of those people — 73,819, to be exact — voted in-person at early voting centers.
Another 392 submitted their ballots by mail and requested them just before the deadline, but the county didn’t process those requests until the next business day, meaning they weren’t included on the EV32 report, election officials said. Another 57 people had recently registered to vote and had separate voter identification numbers — the records were merged after the election — while two other voters mailed ballots that weren’t counted because they didn’t have signatures affixed to them.
That means Logan, who is in charge of a team tasked with determining whether there were problems with the 2020 general election in Maricopa County, either didn’t take the basic step of checking the names against the master list of voters or knowingly told Fann and Petersen — and, by extension, the world — something that was untrue.
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If you recall, it was these alleged missing votes that had Cyber Ninjas calling for a door-to-door canvas that “raised red flags at the Justice Department for possible Voting Rights Act violations”:
It was these 74k ballots that led Logan to recommend that the audit revive plans to knock on voters' doors to confirm they voted, a plan that raised red flags at the Justice Department for possible Voting Rights Act violations.
— Jeremy Duda (@jeremyduda) August 4, 2021
And a state judge ruled that the left-leaning group American Oversight is entitled to audit records under Arizona’s public records statute:
Judge orders Arizona Senate to produce Maricopa audit records https://t.co/LgoNPYBUOl
— David Papp (@DavidPapp) August 5, 2021
From Yahoo:
In his Monday ruling, Kemp said that to accept the defendants’ argument that the records are exempt under the law’s immunity clause would render the statute meaningless.
“Defendant Fann has the authority, and the statutory obligation, under the [Public Records Law], to compel [Cyber Ninjas] and its subvendors to produce all internal emails and correspondence outlined in the proposed order,” Kemp wrote.
Earlier in the week, Dominion and Maricopa County announced that the will not comply with new subpoenas issued by the state Senate:
Dominion, Maricopa County refuse to comply with state Senate subpoenas in Arizona audit https://t.co/9F4vavn1O4 pic.twitter.com/1XpEugJ0LW
— The Hill (@thehill) August 3, 2021
The Republican head of the Maricopa County Board of Supervisors called the subpoena and “adventure in never-never land”:
In a scathing letter, the GOP chairman of the Maricopa County Board of Supervisors tonight rejected a new subpoena from Arizona state Senate Republicans, calling their still-ongoing partisan ballot review an "adventure in never-never land." @NBCNews @DartDClark
— Chris Jansing (@ChrisJansing) August 3, 2021
Here’s a summary of the county’s response:
.@maricopacounty response to Senate subpoena nutshell:
1.Breach Reports: Sure it's a public records request
2.EV Envelopes: Talk to @stephen_richer
3.Passwords: We don't have them
4.Voter Database: See 2
5. Routers: No, you have what you need
6. Splunk Logs: See 5— The AZ – abc15 – Data Guru (@Garrett_Archer) August 2, 2021
And Dominion said it “is not a public officer or public body and, therefore, has no obligation to make its records available for public inspection”:
Dominion also won't be responding to a subpoena asking for passwords to their machines:
"Dominion is not a public officer or public body and, therefore, has no obligation to make its records available for public inspection."
— Jen Fifield (@JenAFifield) August 2, 2021
The state Senate has not yet decided what to do next:
Response from Senator @FannKfann on @maricopacounty non-compliance.
"We are weighing our options for securing access to the routers and passwords and will make a thoughtful decision in due course" pic.twitter.com/Vxqnhqr9ne
— The AZ – abc15 – Data Guru (@Garrett_Archer) August 3, 2021
And those in favor of the subpoenas seem to have limited options to enforce them:
1) Senate isn't in session so they can't vote to enforce the subpoena.
2) Even if they were in session they very, very likely, no longer have the votes. https://t.co/g8ysKraswd
— The AZ – abc15 – Data Guru (@Garrett_Archer) August 2, 2021
But there is a call to get the state Attorney General involved:
.@SonnyBorrelli says he’s asked @GeneralBrnovich to investigate Maricopa County Board of Supervisors for refusing to comply with @FannKfann’s subpoenas. Under ARS 41-1154, failure to comply with a legislative subpoena is a class 2 misdemeanor. pic.twitter.com/lJ6g92oe6r
— Jeremy Duda (@jeremyduda) August 3, 2021
We’ll keep you posted.
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