The Great America Show - April 04, 2024


SUPREME COURT WEIGHS NEW ELECTION EVIDENCE


Episode Stats

Length

20 minutes

Words per Minute

140.64139

Word Count

2,950

Sentence Count

239


Summary

Kurt Olson is an attorney representing Carrie Lake and Mark Fincham in Arizona. They have new evidence pertaining to elections in both 2020 and 2022, and they believe the Supreme Court has a duty to act on it. This episode is sponsored by The Wellness Company.


Transcript

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00:00:33.540 Hello, everybody, and welcome to The Great America Show.
00:00:36.760 Thanks for being with us today.
00:00:38.680 Our guest is Kurt Olson.
00:00:40.420 Kurt is an attorney representing Carrie Lake and Mark Fincham in Arizona.
00:00:48.980 A writ has been filed with the Supreme Court, as a matter of fact, just a couple of days ago.
00:00:55.480 And it suggests that, more than suggests, it states categorically that there have been misrepresentations by law firms, attorneys representing the state of Arizona, and election officials as well,
00:01:14.240 going to the very heart of the integrity of our electoral system, particularly in the state of Arizona.
00:01:22.900 Again, Carrie Lake and Mark Fincham, they are the petitioners represented by Kurt Olson.
00:01:30.760 And with us today to take up what is happening.
00:01:33.560 Now, you haven't probably heard about any of this in your local media, the national media, because it's just happening.
00:01:41.700 And there is an aversion to dealing with the, let's call it the inconvenient truths of this case.
00:01:47.760 And the inconvenient truths are that there have been manipulations in the elections of both 2020 and 2022.
00:01:56.960 And these filings before the Supreme Court go to that very issue.
00:02:01.800 And to guide us through all of this, a man no one knows more about this issue than attorney Kurt Olson.
00:02:09.120 Now we're going to turn to a story that you haven't heard about or read about in the national left-wing media.
00:02:18.000 It's a story that is about voter fraud.
00:02:22.200 It is a story about electoral fraud on a vast scale.
00:02:27.140 A filing yesterday before the Supreme Court attorney, Kurt Olson, representing Carrie Lake and Mark Fincham in the state of Arizona,
00:02:36.560 bringing forward brand new evidence into their case and seeking redress before the Supreme Court.
00:02:43.500 And doing so, requesting an expedited resolution of these issues and these claims that Kurt Olson has put forward in his filings for the petitioners,
00:02:57.840 Carrie Lake and Mark Fincham in the state of Arizona, pertaining to the elections of 2020, by the way, and 2022.
00:03:05.960 Kurt, here you are, filing before the Supreme Court, petitioning in behalf of Carrie Lake and Mark Fincham,
00:03:14.600 because you have new evidence pertaining to elections in both 2020 and 2022.
00:03:22.880 And you believe the Supreme Court has a responsibility to act here. Why?
00:03:28.440 Well, Lou, how we got this new evidence in front of the Supreme Court is because the original case was dismissed on standing.
00:03:35.960 And the standing determination was that there was no injury because the injury was too speculative.
00:03:41.820 And so that wound its way through the district court, the Ninth Circuit, and up to the Supreme Court.
00:03:47.460 But we have uncovered new evidence, which we're allowed to introduce, because under the federal code 28 U.S.C. 1653,
00:03:56.680 you can introduce jurisdictional or evidence that shows jurisdiction at any point in the proceeding.
00:04:03.440 And that new evidence is stunning.
00:04:06.460 So in dismissing this case, which went to whether or not voting machines can constitutionally provide a secure and accurate vote, we challenge that.
00:04:17.680 We have the courts relied on some representations by the defendants.
00:04:22.420 One, that the election software that was used had been certified and approved by the Secretary of State,
00:04:30.700 and also that they perform pre-election logic and accuracy testing to make sure that the machines are actually reading and tabulating the votes
00:04:38.760 to give the public confidence when they go into the election that their ballot will be accurately counted.
00:04:44.220 The Secretary of State is the one that did the logic and the approval of the machines. Is that correct?
00:04:55.500 The Secretary of State has a three-member panel under Arizona law that approves the software along with the EAC.
00:05:04.040 It must be tested by a certified voting system testing labs.
00:05:08.440 And so there's quite a process to go through to make sure that the software that is used is certified and approved.
00:05:16.080 And that's exactly what the defendants represented when they told the courts,
00:05:20.800 plaintiffs' claims don't hold water.
00:05:23.460 They're claiming that the elections are unsafe and unsecure.
00:05:26.800 This software is certified.
00:05:28.420 And they told the district court that.
00:05:31.180 They told the Ninth Circuit that.
00:05:32.680 And actually, the Ninth Circuit, in its opinion, affirming dismissal, that's before the Supreme Court,
00:05:38.340 cited those two issues as a primary basis, that the software was certified and that the defendants perform pre-election logic and accuracy testing.
00:05:48.560 So we have new evidence.
00:05:50.020 We have new evidence that shows that that software was altered before the 2020 election and used in the 2020 election and used in the 2020 election.
00:06:00.240 And it was altered with respect to the configuration file that governs how ballots are read and tabulated.
00:06:07.640 It goes precisely, this altered software goes precisely to the issue of whether or not these machines are accurately reading ballots.
00:06:16.220 And secondly, we show that they don't even perform logic and accuracy testing as required on the voting system, on the tabulators that are used at Maricopa County's vote centers.
00:06:30.020 There's about over 400 of them.
00:06:31.700 They test five spares.
00:06:34.580 They did what?
00:06:36.300 They test five spares when the law requires...
00:06:39.620 Five spares out of 400?
00:06:41.180 Five spares that aren't even used during the election.
00:06:44.640 And you combine that with the fact that they're using altered software and they falsely represented to the courts that this software is certified.
00:06:54.360 It's not.
00:06:55.060 It's a Frankenstein-like version that combines different what are called machine behavior settings in there.
00:07:01.940 And they don't test this software, the pre-election logic and accuracy.
00:07:06.640 They test five spares, as I said.
00:07:08.060 So what you're saying is that every assertion that the electronic voting machines were reliable, were secure, and that had gone through, as you put it, the logic and for whatever reason, accuracy testing.
00:07:27.720 None of that happened across 400 machines.
00:07:29.740 Correct.
00:07:30.240 Correct.
00:07:30.740 Correct.
00:07:31.420 In 2020 and 2022.
00:07:33.240 And this isn't us saying it.
00:07:35.000 This is coming from the machines themselves.
00:07:37.380 This is from the tabulator system log files, which there are millions of lines of data that go into this.
00:07:44.840 And the tabulator system log files record every single piece of activity within those machines.
00:07:51.240 And there are warning codes.
00:07:53.740 It says, warning, wrong MBS, version 5.10, which is not the version that's been certified, only what's called version 5.5.
00:08:03.860 And this is not a small issue.
00:08:06.500 The fact that defendants misrepresented to the courts, that they were using the EAC and Arizona Secretary of State approved software, that was false.
00:08:19.520 The fact that they represented to the courts, that they performed logic and accuracy testing, pre-election logic and accuracy testing.
00:08:27.520 And that's another reason why telling the court that the claims were meritless.
00:08:32.600 That was false.
00:08:34.160 So let me understand.
00:08:35.260 The Arizona Secretary of State is obviously a defendant in this case.
00:08:39.560 Who else is a defendant in this case?
00:08:41.740 Maricopa County and Pima County.
00:08:44.480 Okay.
00:08:45.240 And both of them, the same result?
00:08:47.260 Well, Pima County uses different voting systems.
00:08:52.280 So this new evidence applies only to Maricopa County, which is not insignificant because Maricopa County is the fourth largest county in the country.
00:09:01.420 And where Maricopa County goes, generally Arizona goes as well because of that.
00:09:06.800 Right.
00:09:07.160 And Maricopa County, the most corrupt county in the state of Arizona, first of all, and has been for years.
00:09:15.180 But secondly, it was central to the contest over the vote in 2022.
00:09:23.920 Correct?
00:09:25.440 Yes.
00:09:25.780 I mean, what was stunning is that this case was dismissed in August of 2022.
00:09:31.380 And then we had the election that following November and over 60 percent of the machines failed.
00:09:38.320 They were rejecting ballots at a rate of 7,000 or more ballots every 30 minutes from 630 in the morning until 8 p.m. at night.
00:09:48.780 It was a disaster.
00:09:49.940 And so precisely what we warned about is something that occurred.
00:09:55.500 These were narrow votes.
00:09:57.220 Carrie Lake, Katie Hobbs for governor, Abe Hamaday for attorney general, Mark Bencham.
00:10:06.060 These were all relatively close elections.
00:10:09.940 What do you expect the Supreme Court?
00:10:13.340 First, what do you expect the Supreme Court to do?
00:10:15.800 What do you want them to do?
00:10:17.660 Well, I never predict what a court is going to do.
00:10:20.820 What I want them to do is obviously to take the petition and reverse and remand back to the district court at a minimum and say, hey, the plaintiffs have standing.
00:10:31.640 We're not asking the court to rule on the merits of the case, per se.
00:10:36.560 We're simply saying we have standing.
00:10:39.960 We were injured.
00:10:41.040 The dismissal of these claims based on on the notion that the claims were too speculative was wrong.
00:10:47.320 And Carrie Lake and Mark Bencham should have their day in court, particularly before the 2024 election,
00:10:53.080 because this new evidence that we have shows they're using altered software and they're not performing the required logic and accuracy testing before the election.
00:11:07.060 And so this is a very serious matter going into 2024.
00:11:10.260 To what degree is the voting machine company culpable in this for the fact that the logic and accuracy testing was not carried out despite certification from the secretary of state and other parties?
00:11:25.660 To what degree is the secretary of state himself responsible?
00:11:31.400 Well, under Arizona law, with respect to logic and accuracy testing for the county, the secretary of state is allowed to test a sampling of voting equipment.
00:11:42.880 But the Arizona law expressly requires counties to test all deployable voting equipment.
00:11:50.100 So the county is the responsible party here for the logic and accuracy testing.
00:11:54.420 When it comes to the software that's been altered, you know, right now, what we know is that that software has been altered and there is no debate about that.
00:12:04.000 We can see that in the tabulator system log files.
00:12:07.700 We can see and we have looked at this in data, which is dispositive on this issue.
00:12:14.240 Who altered the software?
00:12:15.860 That is a question that remains.
00:12:18.020 But it is a felony, I would note, under Arizona law to alter software knowingly without the permission of the secretary of state is a felony.
00:12:28.840 We're talking with Kurt Olson, attorney for Carrie Lake and Mark Fincham petitioning the Supreme Court.
00:12:35.160 We're going to take up next with Kurt Olson.
00:12:38.700 What else is going on in the state of Arizona that has to be considered in this case?
00:12:44.800 Stay with us.
00:12:45.260 We'll be right back.
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00:14:20.440 We're back now with Kurt Olson.
00:14:24.800 And Kurt, there is more to this case as well, as if it's not complicated enough.
00:14:30.580 On one level, it's straightforward.
00:14:32.780 There obviously is a huge problem that there has been certifications that did things that didn't happen.
00:14:40.920 Failures to abide by the standards and the requirements of the integrity of these machines.
00:14:51.200 What else is going on that deserves some considerable examination?
00:14:57.440 Well, Lou, there's a third discovery, and it's quite stunning because it just doesn't apply to Arizona.
00:15:04.080 It applies to every Dominion system that we have inspected.
00:15:07.960 And that's from Arizona to Colorado to Georgia to Pennsylvania to Michigan.
00:15:12.040 And it appears to be in all of their systems.
00:15:14.440 And that is the election data is supposed to be encrypted.
00:15:21.600 Dominion represents that they, quote, protect the data with a AES-level 256-bit encryption.
00:15:29.360 What we have found is that the master cryptographic encryption keys are left open and unprotected on the election database, except for the Windows login, which is easily bypassed, in plain text.
00:15:46.440 The short answer is this is like the Enigma machine from World War II, if you remember that, where the Allies were able to break the cipher code of the Germans' Enigma machine and could read all their messages.
00:15:59.560 Well, here, the Dominion machines, they leave the master cryptographic encryption keys in plain text, unprotected on the election database.
00:16:08.320 And that allows total control over the machines.
00:16:13.020 That means any malicious actor can take control of this system, decrypt the data, decrypt the passwords, take control of the tabulators, insert whatever results they want.
00:16:24.940 They can make it look like they're the official results without detection.
00:16:30.020 And so this is a stunning breach of security.
00:16:33.200 And it appears to apply to every Dominion machine in the country.
00:16:38.560 What does the company itself say about this?
00:16:40.620 I've only seen one statement where they have come out and had a generic, oh, it's implausible.
00:16:47.820 But it's right there.
00:16:49.560 And in fact, when you look at the election database, which is there's actually screenshots of an election database right before the Supreme Court now.
00:16:58.260 And we redacted it because we wanted to be mindful that that was sensitive data.
00:17:03.860 But some of this information has been produced, for example, in Georgia.
00:17:09.560 Four counties produced the election databases pursuant to public records requests.
00:17:15.060 And these master cryptographic keys are right there on the election database if you know where to look.
00:17:21.160 It's a stunning breach of security.
00:17:23.320 A stunning breach of security.
00:17:25.840 But you mentioned Georgia, the curling case there as well.
00:17:32.140 Is there any correlation to what has transpired before Judge Amy Totenberg in Georgia and what was actually a dramatic moment in the case where they took a machine and actually flipped the machine within a matter of seconds?
00:17:52.740 It's gained access.
00:17:56.160 Yeah, so that was, I believe, Professor Haldeman from the University of Michigan who created that capability.
00:18:02.180 This is a different issue.
00:18:03.880 It was not brought out in the trial.
00:18:07.060 And if it had, I think that would have been an even more stunning moment.
00:18:12.000 Because with these keys, you have complete control that renders it nearly undetectable because you are essentially, these are like God keys.
00:18:22.320 And so it's a master administrative level password, keys, whatever you need that provides access and control over the tabulators, over the election management system.
00:18:34.500 And it allows anybody to manipulate the votes without detection.
00:18:39.980 So how do you find these keys?
00:18:42.940 Just out of curiosity.
00:18:44.460 Not that I'm interested in doing so, but I want to get a sense of how easy it is.
00:18:49.440 Well, you just, because these are, matter of fact, in Georgia, as I said, public records, if you go to the election database and you look for a table called an event table, and right there, these are called, it's called a Reindel key and X509 security certificate and HMAC key.
00:19:07.720 And it's right there on the table, just any standard table, you would look at it, and there's the script with all the, with the, with the keys.
00:19:16.720 It's that simple.
00:19:18.840 And, and Dominion represents that the encryption they provide is FIPS, which stands for Federal Information Processing Standards, AES level 256-bit encryption.
00:19:30.820 Well, FIPS expressly prohibits storing the keys in this manner.
00:19:38.400 Wow.
00:19:39.040 Well, a lot to, to assimilate for all of us.
00:19:43.040 And we thanks for, we thank you for everything you're doing.
00:19:46.500 And again, good luck before the Supreme Court.
00:19:49.520 Thanks so much.
00:19:50.320 Kurt Olson.
00:19:51.380 Great America.
00:19:52.380 And there you have it.
00:19:53.740 Kurt Olson representing Carrie Lake and Mark Fincham in the state of Arizona.
00:19:59.160 Arizona, the state of Arizona, the Secretary of State has a lot to, well, a lot to take up here.
00:20:09.200 So does the Supreme Court.
00:20:10.740 In Maricopa County, the, the defendant, we'll see what happens.
00:20:15.760 There is an expedited hearing that we believe will occur in the latter part of this month.
00:20:21.960 We'll see, and we'll keep you posted.
00:20:23.940 Thanks for being with us, everybody.
00:20:26.000 This is the Great America Show.
00:20:29.320 It's the Great America Show.
00:20:30.980 Thanks for being with us.
00:20:32.140 Thanks a lot.
00:20:32.160 Thanks a lot.
00:20:32.860 Thanks a lot.
00:20:33.260 Thanks a lot.
00:20:34.340 I'll see you in the next one.
00:20:35.660 I'll see you in the next one.
00:20:38.940 Bye.
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