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AZ Senator Demands Attorney General Investigate Maricopa County Defying Subpoena

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OPINION: This article contains commentary which reflects the author's opinion


A top Arizona Republican is calling on Attorney General Mark Brnovich to investigate the Maricopa County Board of Supervisors over its failure to meet a subpoena deadline.

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.

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.

Arizona GOP Senate Majority Whip Sonny Borrelli and fellow Republican state Sen. Wendy Rogers are asking Brnovich to act on “this clear violation of the law.”

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Borrelli and Rogers filed a complaint on Tuesday under state law with which legislatures can request that the attorney general investigate “ordinance, regulation, order or other official action adopted or taken by the governing body of a county, city or town that the member alleges violates state law or the Constitution of Arizona.”

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.

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

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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.

“I would have arrested all of these people already if I had the power to do so. I vote to arrest. Arrest and put them in solitary,” Rogers tweeted.

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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.

“The ballots, when they showed up, literally, they are in boxes that are literally just stuffed in there,” Fann said. “They’re supposed to be organized. There’s supposed to be these pink sheets between that says there are certain numbers there, a certain number of ballots there. There weren’t.”

“They withheld the blue tally sheets,” she said. “We have not gotten the chain of custody [documentation for ballots]. We have not gotten the routers, the passcodes, the fobs.”

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