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This week, Arizona’s Republican lawmakers adopted new rules that exempt them from the state’s record retention law and significantly undermine the public records law — and thus avoid the kind of scrutiny that over the past two years shined a light on their efforts to undermine the 2020 election.
The new rules, which instruct lawmakers and staff to destroy all email correspondence after 90 days, were first reported on by Bob Christie of Capitol Media Services, who noted that had these rules been in place after the election, the public would not have been able to see records American Oversight obtained from the Senate’s 2021 discredited election “audit.”
- Emails we uncovered revealed the “audit” to be a partisan sham from the start, showing Senate President Karen Fann’s deference to the Trump campaign’s goals, lawmakers’ hopes that a review would help in the false-electors scheme, and senior leaders communicating with election conspiracy theorists.
- Other documents include emails, obtained by the Washington Post, in which Ginni Thomas urged lawmakers to overturn Trump’s loss in Arizona.
It’s hard to see these changes as being anything other than a direct reaction to those stories, and an effort to prevent the public from learning such details in the future. And the Senate’s rules go a step further: They also completely exempt text messages sent on personal devices — including messages containing official legislative business — a flagrant loophole.
- “This rule change only benefits lawmakers who want to hide the truth from the people they serve,” said American Oversight’s executive director Heather Sawyer. “An informed public is critical to a functioning democracy and this effort to hide the facts and evade public accountability should be reversed.”
- You can read more about these changes and our statement on their implications at the Washington Post and NBC News. And see below for the latest revelations about the Arizona “audit” thanks to records released in response to our litigation.
Victory for Accountability in Virginia
On Wednesday, the Arlington County Circuit Court granted our petition to require Virginia Gov. Glenn Youngkin to release records related to his “inherently divisive concepts” tip line.
- In early 2022, Youngkin had issued an executive order banning the teaching of such concepts, and announced the launch of an email tip line for parents to report school officials.
- The judge rejected the Office of the Governor’s efforts to dismiss the case, but stayed the order requiring the production of records pending an appeal of the decision.
- “Gov. Youngkin should stop wasting taxpayer money fighting transparency and release these records to the public,” Sawyer said in a statement.
On the Records
Trump’s Influence on Arizona ‘Audit’
Records released in response to our and the Arizona Republic’s lawsuits show Cyber Ninjas, the lead “audit” contractor, sought support and money from former President Donald Trump, who received direct updates from people conducting the review, even as they sought to keep him at a distance.
- We recently wrote about additional records that provide new details about Cyber Ninjas CEO Doug Logan’s contacts with prominent election deniers and Trump’s team, as well as about his involvement in efforts to cast doubt on election integrity in other states.
- The Guardian also reported that watchdog group Documented, by looking at financial filings and records we obtained, traced $1 million in funding for the “audit” to Trump’s Save America PAC, through an account controlled by Trump ally Cleta Mitchell.
- And on Friday, the Republic reported that documents from the review “show the endeavor was fraught with conflict and confusion.”
Trump Ally and Border Wall-Building Efforts
Earlier this month, the Texas Observer reported that a company with ties to the Trump administration won a massive state contract to build parts of a wall along the U.S.-Mexican border.
- In 2019, American Oversight began investigating the Trump administration’s work with the company, which was awarded more than $2 billion in federal contracts and is headed by Tommy Fisher, a GOP donor and Trump ally. The company was also involved in We Build the Wall, the crowdfunding scheme to construct a border wall whose leaders were later convicted of fraud.
- As the Observer reported, Fisher later hired former Trump administration officials to lobby the state of Texas as Gov. Greg Abbott sought to continue the wall-building effort. Last year, we obtained documents from Customs and Border Protection about Fisher and We Build the Wall — read more here.
Other Stories We're Following
National News
- House GOP plan on Biden classified documents echoes Benghazi (Time)
- GOP state lawmakers push a growing wave of anti-transgender bills (New York Times)
- Depleted under Trump, a ‘traumatized’ EPA struggles with its mission (New York Times)
- As the Colorado River shrinks, Washington prepares to spread the pain (New York Times)
- FDA proposes simplifying the Covid vaccine schedule, making it similar to the flu shot (NBC News)
- Long Covid is keeping significant numbers of people out of work, study finds (New York Times)
- Migrant shot and injured by National Guard soldier patrolling border (Texas Tribune)
- Asylum-seekers sue feds over ICE data leak (Border Report)
Jan. 6 Investigations
- Some Jan. 6 rioters gain sympathy for cause in red states (Associated Press)
- Four other Oath Keepers found guilty of Jan. 6 seditious conspiracy (Washington Post)
- Proud Boys’ views on violence take center stage at Jan. 6 trial (New York Times)
- Trump tries to intervene as Navarro faces trial for defying Jan. 6 committee (Politico)
- John Eastman is unbowed as investigations proliferate (New York Times)
- State bar charges John Eastman, lawyer who advised Trump on overturning the election, with ethics violations (Los Angeles Times)
Election Denial and Threats to Democracy
- Election deniers set sights on next target (Politico)
- Election denial is lucrative: Kari Lake raised $2.5 million after Election Day (Arizona Mirror)
- Republican election bills based on conspiracy theories, political grudges, advance in Arizona (Arizona Mirror)
- Fulton grand jury report on attempts to overturn Trump’s 2020 Georgia election loss could soon be revealed (Georgia Recorder)
- Trump resort in Miami set to host conference bolstering conspiracy theories (CBS News)
Voting Rights
- With newfound powers, Democrats race to expand voting rights (CNN)
- States push for new voting laws with an eye toward 2024 (New York Times)
- New Arizona AG to flip predecessor’s sham election fraud unit into voting rights task force (Talking Points Memo)
- Kansas Republicans want election rule changes that could give them an edge over Democrats (KCUR Kansas City)
In the States
- Virginia Department of Education weeks behind on public record requests (VPM)
- New right-wing group is gearing up against Michigan schools over LGBTQ+-inclusive sex ed (Michigan Advance)
- South Dakota Gov. Noem threatens charges for abortion pills (Associated Press)
- DeSantis rolls out sweeping criminal justice package (Politico)
- Texas death row inmates sue state over ‘brutal’ solitary confinement conditions (Guardian)
- HIV at center of latest culture war after Tennessee rejects federal funds (Washington Post)
- ‘Most dangerous session we’ve seen.’ Missouri leads nation in anti-LGBTQ legislation (Kansas City Star)
- Utah step closer to banning gender-affirming care for transgender minors (Salt Lake Tribune)
- New Ohio Senate bill bars state funds from investing based on environmental, social or governance practices (Cleveland.com)
- Ron DeSantis, appearing in Idaho ads, calls for a constitutional convention (Tampa Bay Times)
- New Mexico bill would ban contracts for migration detention (Associated Press)
Trump Administration Accountability
- Facebook and Instagram end Trump’s suspension from platforms (NBC News)
- Former Trump aide John McEntee appears before grand jury on Trump-related investigations (CNN)
- The private angst over Donald Trump’s racist attacks on Elaine Chao goes public (Politico)
- How Barr’s quest to find flaws in the Russia inquiry unraveled (New York Times)
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