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AZ Senator Wants AG To Get Involved After Maricopa County Defies Subpoena

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OPINION: This article may contain commentary which reflects the author's opinion.


Arizona Senate Majority Whip Sonny Borrelli is calling on Arizona Attorney General Mark Brnovich to investigate the Maricopa County Board of Supervisors for refusing to comply with a subpoena.

The subpoena was issued by the GOP-controlled Arizona Senate, which is overseeing the audit of the 2020 presidential election.

“Today I submitted a request for the Arizona Attorney General to investigate the Maricopa County Board of Supervisors for their failure to comply with subpoenas from the State Senate. The supervisors are acting as if they are above the law, and it is an insult to the citizens of our state,” Borrelli said in his statement.

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“President Fann has handled this process professionally and she has tried to be diplomatic while dealing with the attacks and insults from the Board. Enough is enough! The level of disrespect and contempt from the supervisors toward Senate leadership and Arizona voters is appalling,” he added.

“Yesterday the Board of Supervisors ignored the subpoena deadline and failed to provide the routers used in the November election. They failed to provide passwords and security keys required to access tabulation devices. They failed to provide splunk logs and similar data,” he said.

Borrelli declared: “I respectfully request the attorney General investigate this clear violation of the law. Arizonans expect no less.”

Maricopa County’s Board of Supervisors and Dominion Voting Systems announced on Monday that they will not comply with subpoenas from the Arizona state Senate.

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In a closed session, Maricopa County’s Board of Supervisors decided not to deliver any more election-related materials or information to the GOP-controlled state Senate.

Borrelli and fellow Republican state Sen. Wendy Rogers are asking Brnovich to act on “this clear violation of the law.”

Fann issued subpoenas last week aimed at the county to provide routers and other election-related material along with demands for Dominion Voting Systems, which leases voting machines to the county, to release passwords and Splunk logs for machines.

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Both the county and Dominion did not meet the 1 p.m. deadline on Monday to deliver materials.

In a 6-page letter to Kory Langhofer, attorney for Arizona Senate President Karen Fann, county officials said that the election auditors already have some of the information they seek.

The letter added that the auditors hired by Fann may not ever receive any additional information at this time.

Maricopa County attorney Allister Adel claimed in the letter that the subpoena may not be lawful because he claims it was issued while the state Senate was out of session.

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In a separate letter to Langhofer, a lawyer representing Dominion Voting Systems said the subpoena the company received was “legally defective.”

Eric Spencer, the lawyer, alleged that the document violated Dominion’s due process rights, its Fourth Amendment rights against unreasonable searches and seizures, and its rights under the Arizona Constitution’s Private Affairs Clause.

“Because the Subpoena is illegal and unenforceable, Dominion hopes that litigation over the Subpoena will not be necessary. Should litigation result, however, Dominion intends to pursue all remedies available to it, including (but not necessarily limited to) recovery of its attorneys’ fees, expenses, and damages” under state law, Spencer said.

In response to Maricopa County and Dominion’s letters, Arizona GOP state Sen. Wendy Rogers is sounding off and calling for major actions.

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In an interview with The Western Journal, Fann revealed that the audit of the 2020 presidential election in Maricopa County has uncovered a slew of questionable practices that cannot go unchecked.

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