Thursday, December 23, 2021

GROUNDHOG DAY: Arizona Republic Explains To Arizona Supreme Court Why Cyber Ninjas Must Turn Over Election "Audit" Public Records (READ Response)

 If it's a day ending with a "y", then it must be time for someone to file a brief with a court explaining why the Cyber Ninjas has a responsibility under Arizona public records law to turn over requested documents related to the extended post-election "audit" it was hired by Arizona State Senate President Karen Fann to conduct.

It was the Arizona Republic's turn, and they explained to the Arizona Supreme Court why "It is time to bring this litigation toward its conclusion, and accordingly Cyber Ninjas’ Petition should be denied or, in the alternative, this Court should affirm the courts below."

Just relating the convoluted history of this case (and the parallel suit brought by American Oversight) took several pages of the 27-page argument (below), and barely contained the frustration felt by the attorneys for the newspaper. The legal arguments also were familiar to anyone who has paid even a smidge of attention to the legal battle.

One newish problem for the Cyber Ninjas and attorney Jack Wilenchik is that the rift between the Ninjas and the State Senate appears to be widening and that the Ninjas are claiming they do not have the funds to comply with the court's requests. And, as reported previously, Doug Logan (the head Ninja) is due for a deposition on January 5.

The Arizona Supreme Court could decide at any point on whether to grant the Cyber Ninjas' Special Action request for relief.

This article was reported by AZ Law founder Paul Weich. Paul is currently running for a seat in Arizona's House of Representatives.

"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. 

AZ Law airs on non-profit Sun Sounds of Arizona, a statewide reading service that provides audio access to printed material for people who cannot hold or read print material due to a disability. If you know someone who could benefit from this 24/7 service, please let them know about member-supported Sun Sounds. And, YOU can donate or listen here. 

Previous episodes of AZ Law can be streamed or downloaded here, or wherever you get your podcasts.

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