Office of Special Counsel Intervenes to Prevent Evidence Destruction

MILWAUKEE, Sept. 9, 2021 /PRNewswire/ — Special Counsel Mike Gableman acted today to prevent the potential corruption and destruction of computer evidence relating to the 2020 election by reminding the Wisconsin Election Commission of their duty to prevent evidence destruction. “I hereby request that you and your office preserve any and all records and evidence […] including but not limited to information retained on any and all voting machines,” such as “metadata, router information, and/or access logs,” Gableman stated in a letter to WEC Chairperson Meagan Wolfe.

The Special Counsel sent the letter in response to growing concerns that updates initiated by machine vendors could corrupt or destroy critical information and evidence regarding whether voting machines properly operated during the 2020 general election. The letter makes clear that such actions would interfere with the Office of Special Counsel investigation.

“Please forward to this office any information relating to any and all intentional or unintentional destruction of records between the November 3, 2020 election and the date of this notice, including otherwise routine software updates to election systems that might have in the past or will in the future corrupt or erase and/or otherwise compromise relevant records, or which might obstruct examination and investigation,” Gableman wrote. 

Gableman’s letter came one day after formally announcing the formation of The Office of Special Counsel during which he indicated his office had already engaged in witness interviews, retaining experts, and was preparing to initiate compulsory process requiring further witness testimony and document production.

Gableman, a retired Supreme Court Justice, issued the letter under his authority as Special Counsel and the legislative oversight authority granted to the Wisconsin legislature by the United States Constitution.

Wisconsin elections must be transparent, inclusive, and accountable – and the WEC’s cooperation in preserving evidence is necessary for that goal to be met,” Gableman stated in reference to the letter.

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