By Corinne Murdock |
Cyber Ninjas will be a defendant in an ongoing case to access all records related to the Arizona Senate audit of the 2020 election, according to a court ruling last Wednesday. CEO Doug Logan was called to testify shortly after the ruling; his deposition is scheduled to take place January 5.
Maricopa County Superior Court Judge Michael Kemp asserted that Cyber Ninjas records were a matter of public record and characterized the company as an agent of the Arizona Senate. The plaintiff, American Oversight, had claimed that adequate relief wasn’t possible without adding Cyber Ninjas as a defendant because the company hadn’t turned over records requested.
“Cyber Ninjas possesses certain public records that the Senate Defendants are statutorily obligated to maintain and that the Senate Defendants have been ordered to produce in this matter. The Senate Defendants have made demand on Cyber Ninjas for those public records, but Cyber Ninjas has failed to provide them,” stated American Oversight. “In addition, Cyber Ninjas is properly joined because it is the custodian of certain public records, as was recently held in Cyber Ninjas, Inc. v. Hannah […] ‘Cyber Ninjas was properly joined as a necessary party in PNI’s special action because . . . as an agent of the Senate, it is alleged to be the sole custodian of records pertaining to the audit that are subject to disclosure under the PRL. In other words, joinder of Cyber Ninjas is necessary only because the Senate does not have the public records that are in Cyber Ninjas’ custody.’”
Logan requested to be added onto the case as an amicus party only, which Kemp denied.
American Oversight is an investigative and litigational organization that files open records requests. They first sued the Arizona Senate in May after not receiving their requested records on the election audit.
The latest court developments in American Oversight v. Karen came days after Cyber Ninjas presented additional findings on purported election integrity issues to Pima County. Cyber Ninjas was joined in their presentation by secretary of state candidate and State Representative Mark Finchem (R-Oro Valley).
Finchem read aloud a letter claimed to be from an anonymous Democrat whistleblower. The unidentified individual alleged that fellow Democrats added 35,000 votes to President Joe Biden’s totals in Pima County. The allegation described a secret meeting with the Pima County Democratic Party to embed the votes across the county, detailing spreadsheet plans that would avoid any audit suspicion by keeping fraudulent votes in groups of 1,000 and total votes below the entire voting population.
The Pima County Democratic Party derided the claims as lies and part of a grifting scheme.
Election night reports that Biden won Pima County by nearly ten points: 58.6 to former President Donald Trump’s 39.9 percent.
The current secretary of state, Katie Hobbs, has the complete opposite perspective of Finchem. In addition to dismissing Cyber Ninja’s claims outright — usually calling their audit work a “#fraudit” on Twitter — Hobbs proposed a slew of progressive election reforms in a letter submitted to the state legislature last week.