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Special Counsel In Wisconsin Election Investigation Demands Commission Preserve Records

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


A former state Supreme Court justice who was hired to head the investigation into the 2020 election in Wisconsin has informed the state’s election commission that he wants them to preserve “any and all” records related to the election be preserved during the investigation.

Michael Gableman, who is serving as special counsel in the investigation, sent the letter to the commission making the request on Thursday.

“This is a notice of request for retention of records and preservation of evidence. Recently, I was appointed Special Counsel by the Wisconsin Assembly to investigate the November 3, 2020 election,” he said.

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“Pursuant to the obligations of your office under state and federal law, and pursuant to that part of the legislative oversight authority of the Wisconsin Assembly which has been vested in me, I hereby request that you and your office preserve any and all records and evidence relating to the November 3, 2020 election in Wisconsin, including but not limited to information retained on any and all voting machines. Such information includes, but is not limited to, metadata, router information, and/or access logs. Please take all necessary steps to comply with this request, including notifying all clerks and custodians of records.

“Finally, please forward to this office any information relating to any and all intentional or unintentional destruction of records between the November 3, 2020 election and the date of this notice, including otherwise routine software updates to election systems that might have in the past or will in the future corrupt or erase and/ or otherwise compromise relevant records, or which might obstruct examination and investigation,” he said.

It was the beginning of September when the state legislature approved hiring the special counsel.

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“With no public hearing or public meetings — using merely a paper ballot distributed by Republican leadership to members’ offices — the committee that sets the Legislature’s agenda voted along party lines 5-3 to hire staff and officially begin an election audit under the direction of Speaker Robin Vos,” the Wisconsin Examiner reported.

“The brief 5-line ballot did not specify any funding — or cost limits — on the election investigation, but Republicans have indicated they plan to spend $680,000 on ‘at least to start’ in their hunt to find fraud and a ‘steal’ of the presidential election,” the report continued.

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“The actual ballot wording allows Vos to appoint someone to ‘oversee an Office of Special Counsel’ investigating the integrity of the election (Well before the vote he had already tapped former Supreme Court Justice Michael Gableman — an outspoken critic of the 2020 presidential election),” the report added.

“The Wisconsin presidential election is also being audited by the Legislative Audit Bureau, a nonpartisan legislative agency,” the report noted. “And it has been confirmed as accurate in three canvases, two partial recounts, random machine audits, the Wisconsin Elections Commission oversight and withstood various court challenges.”

The Examiner report added:

In a sign that there is still a division among Republican election skeptics, some legislators are getting lobbied to support the Brandtjen audit instead of Vos’ plan. Previously, that audit was referred to by supporters as a ‘cyber forensic audit,’ but with Vos now calling his audit by that name, Brandtjen’s supporters are now demanding a ‘Full Forensic Physical and Cyber Audit’ (or FFPCA for short) in contrast with Vos’ ‘forensic cyber audit.’

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Proponents of election-fraud theories, both groups, and individuals, continue to express dissatisfaction with Vos on various message boards and email lists viewed by the Examiner. A key difference appears to be their desire to seize machines and materials.

Joe Biden defeated Donald Trump by 20,682 votes in Wisconsin last November.

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