My question is will anybody be prosecuted for deleting the files? Is anybody arguing that deleting election files is not a crime?
No, but multiple internet fact-checking sites are flatly stating that it didn't happen. This subject has been addressed on here before. You are speaking about this as though it has become an established fact .... when it hasn't.
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THE ASSOCIATED PRESS
www.apnews.com
Election Data in Arizona's Largest County Was Not Purged
By Jude Joffe-Block / September 25, 2021
THE CLAIM :
Arizona's Maricopa County purged the machine records from the 2020 election the day before an outside review of the vote started.
THE AP'S ASSESSMENT : FALSE
Maricopa County election officials confirmed they archived and retained all data from the November election. County election officials moved November 2020 election data off a server and onto backup drives as part of its preparation for an official audit the county commissioned in February 2021.
THE FACTS :
During a Friday hearing, a group hired by the Arizona Senate (
the "
Cyber Ninjas") presented the findings of a six-month election review that experts said was riddled with errors, bias and flawed methodology.
Among the misleading claims was the accusation that Maricopa County election officials had deleted election data in February from the election management system database, known as EMS, right before a county commissioned audit was set to begin.
The claim from the hearing echoed online, where it slightly morphed. "
Maricopa County purged the machine records the day before the audit started," reads one popular tweet.
Some social media users appear to have understood the claim's mention of an "
audit" to refer to the partisan review conducted by private firms hired by the Republican-led Arizona Senate (
including the "Cyber Ninjas") -- when in fact the original allegation made in the hearing was that data had been deleted ahead of a different, official audit the county had commissioned in February.
But regardless of the timeline of the allegation, in fact, no data is missing.
"
Everything that happened in the November election is backed up and archived," Maricopa County Elections Department spokesperson Megan Gilbertson told The Associated Press.
In a statement on Twitter, Maricopa County pointed out the data in question was moved and archived because there is not space for it to be stored on the server indefinitely.
"
Servers have space limitations," reads a tweet from the county. "
Files are not deleted; they are archived. The Senate never subpoenaed our EMS archives."
The county hired a federally-certified auditing firm (
SLI Compliance) to perform an independent audit of the tabulation equipment in early February.
Gilbertson told the AP the data on the server was moved and archived ahead of that review because "
that is when the server needed to be ready so the certifiers could test for accuracy."
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This marks at least the 3rd time that I have brought this to your attention, and yet you still treat this false claim as though it is an established fact, from which you can speculate as to what the punishment for those responsible should be.
This is an example of how the lack of election experience was a problem for Doug Logan's "
Cyber Ninjas". They could have had the Republican-controlled Arizona State Senate (
who commissioned their audit) subpoena the EMS archives, and then obtained this data from the Maricopa County Elections Department.
Apparently, the "
Cyber Ninjas" never considered the possibility that this data they were looking for had been moved to backup drives and archived, in preparation for the SLI Compliance audit in February, due to space limitations on the server. As a result of their own ignorance, from a lack of experience, they didn't know that they needed the Arizona State Senate to subpoena the Maricopa County Elections Department for this archived data. Instead, they just leaped to a false and rather foolish assumption that election files had been deleted by Maricopa County election officials. A more professional and experienced firm, would have definitely known better.