ELECTION AUDIT WARS CONTINUE: County Supervisors Schedule Friday Meeting To Discuss Next Steps

UPDATE, 2/4/21, 11a.m.: ELECTION AUDIT WARS CONTINUE: County Supervisors Schedule Friday Meeting To Discuss Next Steps

The Maricopa County Board of Supervisors will meet Friday morning to discuss and possibly take action on the ongoing election audit wars with fellow Republicans in the State Senate. They will go into Executive Session at 10am to discuss the battle plan before coming out into public session to perhaps take official action.

State Senate Republicans introduced a resolution yesterday to hold the 5 members of the Board of Supervisors in contempt - which could result in arrest - for failing to comply with the most recent subpoena regarding election information/software/hardware. They have not resumed pursuing the matter in the existing Superior Court case about whether the County should - or, can - turn over the materials

Original Article, 1/29, 2:30pm: ELECTION AUDIT WARS CONTINUE: State Senate, Maricopa County Both Moving Forward With Audits; Unclear What Senators Can Audit On Their Own

The State Senate's GOP leadership says that it has hired a firm to start its own forensic audit. However, details such as the identity of the firm, the scope of the audit, and even what data/equipment/etc is available to be audited remain unclear.

In Maricopa County's responsive statement this afternoon (below), it is clear that some information that had been subpoenaed has been turned over. County Communications Director Fields Moseley tells Arizona's Politics/Arizona's Law that a thumb drive full of stuff was provided a couple of weeks ago, but that it did not contain any of the contested items - private data, ballots, passwords, security codes, etc.

"We continue operating in good faith" to negotiate some agreement with Senate President Karen Fann's representatives, said Moseley.

Earlier this week, the County Board of Supervisors approved two separate audits in an effort to build confidence in the elections systems. Those will take place over the next two weeks. The easy-to-understand framework of those audits is posted below.

The court battle regarding the legislators' subpoenas remains in limbo as the parties continue to negotiate.

XXX

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UPDATE: Arizona's "QAnon Shaman" Transferred To New Jail That Can (and, Will) Meet His Organic Dietary Needs

UPDATE, 2/4/21, 1:40pm: 

Jacob Chansley has been transferred from D.C. jail to a facility in Virginia, due to his organic dietary needs. The move was announced by Judge Lamberth in a one-paragraph Memorandum this afternoon. 

"(T)he D.C. Department of Corrections has requested that defendant be removed from their facility immediately because they are unable to comply with the Court's February 3, 2021 Order. Defendant has been transported by the U.S. Marshals to the Alexandria Detention Center. The Sheriff there has advised the U.S. Marshal that the Alexandria Detention Center is able and willing to accommodate defendant's dietary requests."

This is now the third detention center for Mr. Chansley since being arrested by the FBI following the January 6 insurrection. Chansley indicates that his organic requests were met while initially behind bars in Arizona.

Here is yesterday's court order deciding that Chansley should receive food designated as "organic":

Update, 1/29/21, 2:00pm: UPDATE: Arizona's "QAnon Shaman" Arraigned Today On Jan. 6 Insurrection Charges, Will Remain In Custody Pending March 5 Status Conference

 Chansley was arraigned today, and will remain behind bars. Next status conference scheduled for March 5. (Speedy Trial clock tolled 'til then.)

Original Article, 1/28/21, 2:30pm: "Arizona's "QAnon Shaman" Faces Arraignment Tomorrow On Jan. 6 Insurrection Charges; READ Detention Order"

Arizona's self-described "QAnon Shaman" will be arraigned in federal court tomorrow on the six charges for his activities at the January 6 violent takeover of the U.S. Capitol.

Saul Loeb (AFP)

Jacob Chansley (aka Jake Angeli) will appear at 2:30 (EST) for his arraignment, per a minute entry issued this afternoon. Chansley has been in custody since his arrest on January 9.

As reported in the Arizona Republic, Chansley - in his distinctive outfit and carrying a flag-strewn spear - left a threatening note for then Vice President Mike Pence. According to the detention order (below), he had also advocated on Twitter that "traitors within the United States government" should be identified and hanged.

Prosecutors had also convinced the U.S. Magistrate in Arizona to keep him in custody because he "had the motivations and capabilities to participate in similar unlawful acts." (aka lack of remorse).

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BREAKING: Maricopa County Supervisors To Vote On Independent Audit Of Dominion Election Equipment

The Maricopa Board of Supervisors will discuss and vote tomorrow on a proposal to conduct an independent audit of Dominion election hardware and software used in November's election. It appears that this is unlikely to be part of an agreement with Republican lawmakers who have subpoenaed far more information from the County to conduct their own audit.

The five-member Board - dominated by four Republicans - will consider a measure authorizing the Elections Department "to take the necessary steps to conduct an audit or audits of the Dominion Voting Systems equipment and software." It further would authorize finding auditors certified by the U.S. Election Assistance Commission.

Board Chair Jack Sellers says this vote is "to err on the side of transparency", and is "not about" the voters who will never be satisfied by any assurances that the election was fairly decided.

The County and State Senate President Karen Fann have been locked in a court battle since the lawmakers served subpoenas on the County last month for all of the hardware, software and many of the ballots and envelopes from the election. Joe Biden defeated Donald Trump in Maricopa County, and it has been the subject of much litigation since.

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BREAKING: Rep. Biggs' Defamation Threat Against Former Opponent BOMBED By Greene's Counsel (READ Pithy Lawyer Letter)

When faced with an unthreatening letter from an attorney claiming you defamed a Congressman at the heart of last Wednesday's mob violence at the U.S. Capitol, a pithy retort referencing the downfall of the Third Reich may be in order.

Counsel for Arizona Rep. Andy Biggs (R-CD "the fighting Fifth") sent Democrat Joan Greene a letter referencing several of her tweets and posts after the Electoral College votes were done being counted by Congress.

When Greene noted the intimidation attempt on Twitter Monday, Chandler attorney Tom Ryan jumped at the opportunity to respond to a colleague he knows well (Kory Langhofer). He did not mince words.

"I could set forth a point-by-point refutation of your letter, but I see it as not helpful. Instead, I provide you with one of my favorite stories of WWII. On December 22, 1944, U.S. Brig. Gen. Anthony C. McCauliffe and the troops of the 101st Airborne Div. were near Bastogne, France*. A German Panzer division believed it had surrounded the Americans. The Germans sent a letter to Gen. McCauliffe demanding the Americans surrender. Gen. McCauliffe sent back a simple response:

To the German Commander,

N U T S !

The American Commander

I cannot improve upon Gen. McCauliffe's response and provide the same to you." 

No, there will not be a defamation suit.

Tom Ryan Ltr to Kory Langhofer by arizonaspolitics on Scribd

*Ryan tells Arizona's Politics he has one regret about the letter. "Bastogne is in Belgium, not France."

Disclosure: I have provided legal representation to Greene.

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BREAKING: Judge Refuses To Issue Injunction Stopping "Invest In Ed" Surcharge From Going Into Effect, Knocks Down Major Argument Against It

In an interim victory for the proponents of Prop. 208 ("Invest In Ed"), Superior Court Judge John Hannah refused to slap an expedited preliminary injunction against the income tax surcharge that will help fund Arizona schools.

Republican leaders of the both the State House and Senate have teamed up with the Arizona Free Enterprise Club and other opponents of the measure passed by voters in November to sue the state to overturn it. They had asked for an accelerated ruling on their preliminary injunction request because the Legislature was about to begin a new session and would have to consider a new budget.

MORE DETAILS - and the Judge's OPINION - can be found at Arizona's Law (our sister site)!

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BREAKING: Arizona, Impeachment - State's Delegation Votes Party Line As 10 Republicans Help Impeach, 232-197

(This is a developing story. Please check back for videos, votes, etc.)

Arizona's delegation votes party line on impeaching Donald Trump for his role in last week's mob violence. 

10 Republicans did cross the aisle to indict the President, and the final vote is 232-197.

Arizona Rep. Andy Biggs (R-CD5) was the first of Arizona's delegation to speak on the floor during today's historic impeachment debate. He expressed his "morbid curiosity" (transcript below)

(Transcript, Biggs: IT IS WITH A MORBID CURIOSITY THAT I WATCHED THE BEAST ATTEMPT TO DEVOUR PRESIDENT DONALD TRUMP AGAIN. THE CRAVING TO CRUSH PRESIDENT TRUMP HAS NEVER BEEN SATISFIED. NOT THROUGH INVESTIGATIONS, NOT THROUGH FALSE ALLEGATIONS, AND NOT EVEN THROUGH AN IMPEACHMENT THAT WAS WHOLLY WITHOUT MERIT. AND THE TIMING OF THIS IMPEACHMENT MAKES LITTLE SENSE. YOUR CANDIDATE, YOUR CANDIDATE WILL TAKE OFFICE IN A FEW HOURS AND PRESIDENT TRUMP WILL RELINQUISH THE LEVERS OF POWER TO PRESIDENT-ELECT BIDEN. BUT YOUR CRAVING WAS NEVER A BIDEN VICTORY, NOR WAS IT EVEN A TRUMP DEFEAT. YOU BELIEVE THAT YOUR HUNGER WILL BE FINALLY SATIATED BY IMPEACHING THIS PRESIDENT WITHOUT COMPLETION OF HIS FULL TERM OF OFFICE. YOU DON'T MERELY SEEK VICTORY, BUT YOU SEEK OBLITERATION OF YOUR INDEMNIFY SILLS. THE THIRST FOR TRUMP'S DESTRUCTION WILL NOT BE SLAKED, HOWEVER, EVEN IF YOU'RE SUCCESSFUL TODAY AND WERE THE SENATE TO CONVICT PRESIDENT TRUMP. YOURS WILL BE A PURIC VICTORY, FOR INSTEAD OF STOPPING THE TRUMP TRAIN, HIS MOVEMENT WILL GROW STRONGER FOR YOU WILL HAVE MADE HIM A MARTYR. SURELY YOU'RE AWARE OF THIS AND THAT IS WHY YOUR ALLIES IN THE MEDIA SEEK TO SENSOR CONSERVATIVE VOICES. YOUR CHUMS THAT SIT ON THE BOARDS OF CORPORATE AMERICA, YES, THE SAME COMPANIES THAT THE LEFT VILIFIES, PROMISE TO STARVE REPUBLICANS FROM RECEIVING THEIR P.A.C. DONATIONS. BUT I BET THE GROUNDSWELL OF SUPPORT FOR PRESIDENT TRUMP AND HIS POLICIES WILL NOT GO AWAY. YOU SEE, THE MOVEMENT HE STARTED IS BASED ON BUILDING AN INCREDIBLY ROBUST ECONOMY, ON A FOUNDATION OF LOWER TAXES AND FEWER REGULATIONS THAT HAS THE WONDERFUL EFFECT OF PUTTING MORE PEOPLE TO WORK THAN EVER. IT IS BUILT UPON A STRONG MILITARY THAT IS EXTRICATED FROM ENDLESS WARS, BORDER SECURITY, AMERICA-FIRST TRADE AGREEMENTS, MIDEAST PEACE AND STABILITY. THOSE ARE THE THINGS THE AMERICAN PEOPLE WANT. YOUR FOUR-YEAR APPETITE WILL BE TEMPORARILY ASSUAGED. WHILE YOU WILL NO DOUBT CONTINUE TO CHASE AFTER LEADERS OF THIS MOVEMENT. BUT YOUR APPETITE WILL BE UNFULFILLED. I URGE YOU, PLEASE DO NOT, I'M MIXING METAPHORS HERE, ATTEMPT TO DOUSE THE REMAINING EMBERS OF THIS MOVEMENT WITH GASOLINE. NO ONE WANTS THAT. I URGE YOU PLEASE TO RECONSIDER THE RECKLESS ACTION IN WHICH YOU ENGAGE TODAY.)

Here is Rep. Debbie Lesko (R-CD8), saying that this impeachment is "dangerous":

(Transcript, Lesko: I RISE IN OPPOSITION TO THE RESOLUTION, AT A TIME WHEN OUR COUNTRY NEEDS UNITY IT IS CONCERNING THAT MY DEMOCRATIC COLLEAGUES HAVE BEGUN IMPEACHMENT PROCEEDINGS AGAINST A PRESIDENT WHO HAS SEVEN DAYS LEFT IN OFFICE. ALL LEGAL CHALLENGES HAVE BEEN EXHAUSTED. CONGRESS HAS CERTIFIED ELECTORS OVER OBJECTIONS AND JOE BIDEN WILL BE THE NEXT PRESIDENT OF THE UNITED STATES. PRESIDENT TRUMP HAS INDICATED HE WILL PEACEFULLY TRANSFER TO PRESIDENT-ELECT BIDEN NEXT WEEK. SO WHY PURSUE IMPEACHMENT JUST ONE WEEK BEFORE HE LEAVES OFFICE? I HAVE HEARD MY COLLEAGUES ON THE OTHER SIDE OF THE AISLE SAY THEY HAVE TO IMPEACH THE PRESIDENT BECAUSE HE IS TOO DANGEROUS TO STAY IN POWER YET THEY KNOW THAT IT IS IMPOSSIBLE FOR THE SENATE TO REMOVE HIM BEFORE HIS TERM EXPIRES. SO WHAT IS THE POINT? THIS MOVES AND SETS A DANGEROUS PRECEDENT FOR OUR NATION. IF CONGRESS IS GOING TO IMPEACH A PRESIDENT, IT MUST NOT ONLY BE DONE AFTER INTENSE DEBATE AND DELIBERATION, NOT RUSHED THROUGH AT THE 11TH HOUR TO MAKE A POLITICAL POINT. THIS IMPEACHMENT ATTEMPT IS DANGEROUS FOR OUR COUNTRY AND HAS FAR REACHING IMPLICATIONS FOR OUR FUTURE. WITH THAT, I YIELD BACK.)

Finally, here is Democrat Greg Stanton (D-CD9), saying "we can't move forward without accountability":

(Transcript, Stanton: DONALD TRUMP IS THE FIRST PRESIDENT TO INCITE AN INSURRECTION AGAINST OUR OWN GOVERNMENT, AGAINST OUR OWN PEOPLE. IT IS A SHOCKING BETRAYAL OF HIS OATH OF OFFICE AND OUR AMERICAN VALUES. WE DON'T KNOW YET IF THE PRESIDENT WILL FACE CRIMINAL CHARGES, BUT WE DO KNOW HE MUST BE HELD TO ACCOUNT. EACH ONE OF US IN THIS HOUSE TOOK AN OATH TO PROTECT AND DEFEND OUR CONSTITUTION AGAINST ALL ENEMIES, FOREIGN AND DOMESTIC, EVEN IF THAT ENEMY IS THE PRESIDENT. WE MUST MOVE FORWARD AS A NATION FROM THESE DARKEST DAYS, BUT WE CAN'T MOVE FORWARD WITHOUT ACCOUNTABILITY. WE MUST IMPEACH THIS PRESIDENT. I YIELD BACK.)

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