Newsletter: Affirming the Public’s Right to Records in Arizona

After fighting in court for the release of public records, American Oversight this week settled its lawsuit against officials in Cochise County, Ariz. — including the two county supervisors who’d delayed the certification of the 2022 election. 

We sued for records regarding the county’s election administration decisions, particularly surrounding Supervisors Tom Crosby and Peggy Judd’s certification delay as they pushed for a hand count of ballots.

• Our litigation forced the county to turn over thousands of pages of public records, including hundreds of communications that had been deleted by the county recorder but were recovered by a forensic specialist as part of the lawsuit. 
• The settlement marks the conclusion of months-long litigation and ensures that critical information is now in the hands of the public.

“Today’s win is a significant victory for transparency and accountability in Cochise County and will serve as a powerful deterrent against future election interference,” said Chioma Chukwu, American Oversight’s interim executive director. 

• “Our message to election deniers and subverters is clear: We’re watching. The people’s right to expose public officials’ wrongdoing isn’t negotiable, and we stand ready to defend it in service of accountability,” Chukwu added.

Crosby and Judd gained national attention in 2022 after refusing to certify Cochise County’s results by the state deadline, falsely claiming the tabulators were uncertified. 

• Over the course of litigation, a deposition revealed that County Recorder David Stevens had deleted relevant records, leading to a forensic search. We also uncovered evidence that Crosby had used his personal cell phone and email account for official business.
• Records we obtained include communications that revealed details about Crosby’s and Judd’s push for a hand count and support for the effort from conservative state lawmakers.

New Lawsuit Seeks Reports from August Arlington National Cemetery Incident

We’re suing the Department of Defense and the U.S. Army for the expedited release of reports regarding an incident reportedly involving members of former President Donald Trump’s campaign and staff at Arlington National Cemetery. 

According to news reports, the Aug. 26 incident occurred when, during a visit by Trump to participate in a wreath-laying ceremony, cemetery staff attempted to prevent members of his campaign from filming and taking pictures while visiting a section where recent U.S. casualties are buried — something prohibited by federal law to guard against gravesites being used for partisan political purposes.

• Before the visit, cemetery staff reportedly imposed certain conditions on the visits to the individual gravesites: The former president could not bring campaign staff with him, and no photography was permitted. 
• While in office, Trump repeatedly sought to politicize the military, and his administration frequently violated the Hatch Act, the federal law prohibiting government officials from using their positions to advance partisan political activity.

The Trump campaign has disputed media accounts of the incident, and the former president has even suggested that the incident did not happen at all. Arlington National Cemetery has confirmed that there was an incident and that a report was filed.

• We submitted a Freedom of Information Act request for a copy of any such reports on Aug. 30, and on Sept. 25 requested that Arlington expedite the processing of its request.
• American Oversight’s lawsuit asks the court to grant a preliminary injunction and to order the Army to produce all non-exempt, responsive records. 

On the Records

Mark Martin: Lesser-Known Legal Mind Behind 2020 Election Subversion Efforts

The Intercept this week published an in-depth account of former North Carolina Supreme Court Justice Mark Martin’s involvement in efforts by Trump and his allies to overturn the 2020 election, citing records obtained by American Oversight that shed light on Martin’s legal influence. 

• Documents we obtained show that, weeks after the 2020 election, Martin was in communication with multiple state attorneys general about legally challenging other states’ results.

“By late November 2020, Martin was helping shop the ‘state v. state’ idea around to Republican attorneys general in at least three states — including South Carolina, Louisiana, and Texas,” Intercept’s Shawn Musgrave reported. 

• Martin was in touch with South Carolina Attorney General Alan Wilson just days before Wilson announced South Carolina would join Texas AG Ken Paxton’s lawsuit challenging the 2020 election results in Georgia, Wisconsin, Pennsylvania and Michigan, the documents show. 
• Other records reveal that Martin helped contrive and actively supported that lawsuit.
• Martin — who currently works at High Point University’s law school in North Carolina — supplied former Arizona Rep. Mark Finchem with the legal theory of “plenary” power, which became a go-to argument for disputing the election results, the Intercept reported.

Other Stories We’re Following

Election Denial and Threats to Democracy

• Election denying state rep sues WEC to force state out of voter data sharing organization (Wisconsin Examiner)
• Republicans’ non-citizen voting myth sets stage to claim stolen election (Guardian)
• Tina Peters, former Mesa County clerk, sentenced to 9 years in prison over voting systems breach (News from the States)
• Domestic extremists with ‘election-related grievances’ could turn to violence in final weeks of election, FBI and DHS warn (CNN)
• Georgia Republicans sow doubt about Dominion voting machines in 2020 throwback (CNN)
• Trump allies bombard the courts, setting stage for post-election fight (New York Times)

Voting Rights

• Hurricane Helene scrambles mail and early voting plans in North Carolina (NBC News)
• Voting rights groups want judge’s ruling on Alabama absentee ballot law to move forward (Alabama Reflector)
• College students already faced barriers to voting — and states are adding more (19th News)
• Ohio county elections officials are wrestling with mass voter registration challenges (Ohio Capital Journal)
• Trump-aligned GOP group sues to get the names of 218K improperly registered voters (Arizona Mirror)
• ​​Fulton County judge says he’ll rule before Election Day on new State Election Board rules (Georgia Recorder)

In the States

• Omaha officer followed policy when he fatally shot a fleeing man 8 times, police chief says (Associated Press)
• A pair of billionaire preachers built the most powerful political machine in Texas. That’s just the start. (ProPublica)

• Former caseworker testifies in defense of Missouri transgender health care ban (Missouri Independent)
• Idaho AG accuses pediatrics academy of possible consumer violations over gender care policies (Idaho Capital Sun)
• Ryan Walters responds in court to Moore Public School student’s pronouns lawsuit (Oklahoman)
• How a school voucher supporter won in a Texas House district with almost no private schools (Texas Tribune)
• Major publishers renew lawsuit against Iowa’s school book ban (Axios)

Abortion and Reproductive Rights

• Georgia judge lifts six-week abortion ban after deaths of two women who couldn’t access care (ProPublica)
• Atlanta clinics are preparing for a potential surge in abortion appointments (Atlanta Journal-Constitution)
• Georgia AG appeals ruling overturning state’s six-week abortion ban (News from the States)
• It’s harder to pay and travel for abortion care and support funds are struggling (NPR)

Government Transparency and Public Records Law

• Legislature aims to require waiver for public access to behind-the-scene bill drafting discussions (Daily Montanan)

Immigration

• Biden expands asylum restrictions at the southern border (New York Times)
• Texas can’t sue over Biden ‘public charge’ immigration rule, US judge says (Reuters)
• Lack of translation services pervasive in Louisiana immigration detention, advocates say (Louisiana Illuminator)

Trump Accountability

• Judge unseals new evidence in federal election case against Trump (New York Times)
• How a judge will weigh immunity in Trump’s Jan. 6 case (New York Times)
• Pence and Trump’s frayed relationship leading up to Jan. 6 insurrection on full display in latest special counsel filing (CNN)