Tuesday, August 3, 2021

BREAKING: Karen Fann Ordered To "IMMEDIATELY" Turn Over "Withheld Records" Re: Election "Audit" (READ Minute Entry, Order)

UPDATE, 8/10, 3:30pm: The Arizona Court of Appeals will hold a hearing tomorrow morning on Fann's Emergency Motion for a Stay. The Senate President is trying to not have to "immediately" turn over the records that have been in the Cyber Ninjas' physical possession. The stay request has already been turned down by Superior Court Judge Michael Kemp.

Meanwhile, American Oversight has asked Judge Kemp to set an August 31 date as the definition of "immediately". A hearing on that request is set for next week.

"Willful blindness does not relieve Senate Defendants from their duties and obligations under the Public Records Law." With that blast, a judge today ordered Senate President Karen Fann to "immediately" turn over records about the Maricopa County election "audit" that are in the control of the Cyber Ninjas.

Superior Court Judge Michael Kemp re-emphasized his previous order that any "documents with a substantial nexus to the audit activities are public records", whether or not they are being held by the firm that Fann contracted with to take control of the recount/"audit".

American Oversight filed this suit, requesting all public records relating to Fann's actions. Her response was that those that she did not have physical control over did not need to be handed over.

Two weeks ago, Kemp said he "completely rejects" that argument. He did not give a deadline to comply. After AO filed a proposed Order, Fann's attorneys objected, prompting today's "immediate" deadline to comply.

Kemp said that Fann "must demand the records from CNI and the subvendors...."

Ironically, it was earlier today that President Fann was blasting Maricopa County for not turning everything over that she had requested from them in her second round of legislative subpoenas. She said on Twitter: "Build the case , set the trap, and boom the Maricopa lies will come back to haunt them."

(This is a developing story. Please check back for updates.)

 "AZ Law" includes articles, commentaries and updates about opinions from the Arizona Supreme Court, U.S. Supreme Court, as well as trial and appellate courts, etc. AZ Law is founded by Phoenix attorney Paul Weich, and joins Arizona's Politics on the internet. 

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