UPDATE, 3/2 at 4:45pm: Judge Strongly Denies Cyber Ninjas' Latest Bid To Dismiss Public Records Case
Superior Court Judge Michael Kemp ruled today on Cyber Ninjas' Motion to Dismiss the public records case surrounding documents related to State Senate President Karen Fann's election "audit".
The (still-)attorney for the Ninjas, Jack Wilenchik, made a variety of arguments as to why the case should be dismissed. Kemp's response was "The Motion to Dismiss is denied in its entirety."
"In its Motion, CNI makes the same argument previously rejected by the Court of Appeals. The Superior Court and the Court of Appeals unequivocally held that the documents related to the audit are public records regardless of whether the Senate Defendants or CNI has actual, physical possession. The Supreme Court of Arizona again declined jurisdiction."
The Motion was filed on January 21. Both the Minute Entry and the Motion are presented below.
Original article, 2/28 at 3:45pm: NEW: Cyber Ninja Doug Logan (and His Wife) Should Be Defendants In Election "Audit" Public Records Case, Arizona Republic Tells Court
Based on his January deposition, Doug Logan (and his wife) should be added to the election "audit" public records lawsuits, the Arizona Republic told the court this past week.
The head Cyber Ninja told attorneys that he and Mrs. Cyber Ninja are the sole shareholders of the now-empty shell of the company that Arizona Senate President Karen Fann hired to conduct last year's "audit" of Maricopa County's 2020 Presidential election. Therefore, the Motion to Amend the Complaint states, the Logans are "custodians in fact" of the public records which have not been turned over.
The Motion also argues that the corporate veil of the Cyber Ninjas could also be pierced, which might be important to go after the $50,000/day contempt fine that was ordered against the company for failing to turn over records.
The State Senate has paid its attorneys more than $500,000 in attorneys' fees during the course of the audit and the related public records cases.
The case is currently active in the Superior Court and the Arizona Supreme Court.
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.