Subpoenas

Voting Equipment To Be Replaced After ‘Unauthorized Access’

By Associated Press
September 24, 2022

Georgia’s secretary of state said an investigation into the unauthorized access to the equipment by former Coffee County election officials continues.

Georgia’s secretary of state on Friday announced plans to replace election equipment in one county following “unauthorized access” to the equipment that happened two months after the 2020 election.

A computer forensics team hired by allies of then-President Donald Trump traveled to Coffee County, about 200 miles southeast of Atlanta, on Jan. 7, 2021. A company representative has said they made complete copies of the election management system server and other election system components. Later that month, two men who have been involved in efforts to discredit the 2020 election results also spent hours inside the elections office with access to the equipment.

Trump and his supporters pushed false claims about certain voting machines after he lost his bid for reelection. Authorities have said there was no evidence of widespread problems with voting equipment.

Secretary of State Brad Raffensperger said an investigation into the unauthorized access to the equipment by former Coffee County election officials continues.

“Anyone who broke the law should be punished to its full extent,” Raffensperger said in a news release. “But the current election officials in Coffee County have to move forward with the 2022 election, and they should be able to do so without this distraction.”

Footage from security cameras shows “former election officials in Coffee County permitting access by unauthorized individuals to equipment that under Georgia law should have been secured,” the release said. The footage was produced in response to subpoenas issued by plaintiffs in a long-running lawsuit against state election officials that claims the state’s touchscreen voting machines aren’t secure.

The county’s election management server and central scanner workstation were previously replaced in June 2021, officials have said. The county will receive 100 new touchscreen voting machines, 100 printers, 10 precinct scanners, 21 tablets used to check in voters and new flash cards and thumb drives to be installed and tested before early voting begins next month.

Marilyn Marks, executive director of the Coalition for Good Governance, a plaintiff in the voting machine lawsuit, said the election management server and central scanner workstation should also be replaced. She said that’s because they were used with the other potentially contaminated equipment in elections since their replacement last year.

Separately, election officials in the state’s most populous county, in and around Atlanta, said Friday that they had fired a worker after learning that “personally identifiable information was shared with an individual outside the organization,” news outlets reported.

“The individual responsible for the incident no longer works with Fulton County,” the county said in a news release. “Fulton County is committed to the safety and security of all citizens and employees. Each individual affected by this incident will be notified and will receive credit monitoring services.”

Additional reporting by The Associated Press.

: newsy.com

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Whistleblower Lays Out Twitter’s Data Security Troubles

Former head of Twitter security Peiter Zatko explained the company has previously employed foreign agents.

Former head of Twitter security Peiter Zatko on Tuesday told Congress about the tech giant’s widespread issues with keeping foreign adversaries from working at the company and exploiting internal data.

“Twitter would be a gold mine for people in the community who focus on foreign intelligence organizations and assets,” Zatko said. “If you placed somebody in Twitter, as we know has happened, it would be very difficult to Twitter to find them. They would probably be able to stay there for a long period of time and gain a significant amount of information.”

In his opening remarks, Sen. Chuck Grassley noted that Zatko’s disclosures helped uncover evidence that India was able to place at least two foreign assets on payroll at the company, and that China had at least one agent at Twitter as well.

Zatko noted those agents could be embedded to figure out what information Twitter might censor, or to use internal software to find user phone numbers, current and former email addresses, and even where Twitter thinks a user lives.

“This is the information that you need to start taking over other people’s accounts […] Once I know your home address and your home phone number, I can approach you in real life. I can put pressure on you, I can possibly recruit you,” Zatko said. “You could be a witting or unwitting accomplice. And then I could influence you or target you for influence operations in the real world.

Zatko also said that former users may be at risk of having their data exposed, too.

“I was told straight out by the chief privacy officer that the FTC had come and asked, ‘does Twitter delete user information when they leave the platform?’”

“Instead of answering whether we delete user data, we have intentionally replied, ‘we deactivate users,’ and try to sidestep the program because we know we don’t delete user data, and cannot comply with that if they demand us to.”

A Twitter spokesperson told Newsy that “Today’s hearing only confirms that Mr. Zatko’s allegations are riddled with inconsistencies and inaccuracies.” The company also said its hiring process is independent of foreign influence and includes background checks.

: newsy.com

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What’s Left As Jan. 6 Panel Sprints To Year-End Finish

The House Jan. 6 committee is coming close to a final report, but lawmakers say there is more to come than what’s already come to light.

With only three months left in the year, the House Jan. 6 committee is eyeing a close to its work and a final report laying out its findings about the U.S. Capitol insurrection. But, the investigation is not over.

The committee has already revealed much of its work at eight hearings over the summer, showing in detail how former President Donald Trump ignored many of his closest advisers and amplified his false claims of election fraud after he lost the 2020 election to Joe Biden. Witnesses interviewed by the panel — some of them Trump’s closest allies — recounted in videotaped testimony how the former president declined to act when hundreds of his supporters violently attacked the Capitol as Congress certified President Biden’s victory on Jan. 6, 2021.

Lawmakers say there is more to come. The nine-member panel — seven Democrats and two Republicans — interviewed witnesses through all of August, and they are hoping to have at least one hearing by the end of the month. Members met Tuesday to discuss the panel’s next steps.

Because the Jan. 6 panel is a temporary or “select” committee, it expires at the end of the current Congress. If Republicans take the majority in November’s elections, as they are favored to do, they are expected to dissolve the committee in January. So the panel is planning to issue a final report by the end of December.

As for hearings, the panel’s Democratic chairman, Mississippi Rep. Bennie Thompson, said after the private members’ meeting Tuesday in the Capitol that the committee’s goal is to hold a hearing Sept. 28, but that members were still discussing whether it would happen at all.

“We’ll we’re still in the process of talking,” Thompson said. “If it happens, it will be that date. We’re not sure at this point.”

Members of the committee had promised more hearings in September as they wrapped up the series of summer hearings. Wyoming Rep. Liz Cheney, the Republican vice chairwoman, said the committee “has far more evidence to share with the American people and more to gather.”

“Doors have opened, new subpoenas have been issued and the dam has begun to break,” Cheney said at a July 21 hearing that was held in prime time and watched by 17.7 million people. “We have considerably more to do.”

It’s unclear if the hearing would provide a general overview of what the panel has learned or if they would be focused on new information and evidence. The committee conducted several interviews at the end of July and into August with Trump’s Cabinet secretaries, some of whom had discussed invoking the constitutional process in the 25th Amendment to remove Trump from office after the insurrection.

For its witnesses, the panel has already interviewed more than 1,000 people, but lawmakers and staff are still pursuing new threads. The committee recently spoke to several of the Cabinet secretaries, including former Treasury Secretary Steven Mnuchin in July and former Secretary of State Mike Pompeo and former Transportation Secretary Elaine Chao in August.

The committee also wants to get to the bottom of missing Secret Service texts from Jan. 5 to 6, 2021, which could shed further light on Trump’s actions during the insurrection, particularly after earlier testimony about his confrontation with security as he tried to join supporters at the Capitol. Thompson said Tuesday that the committee has recently obtained “thousands” of documents from the Secret Service.

The committee has also pursued an interview with conservative activist Virginia “Ginni” Thomas, who’s married to Supreme Court Justice Clarence Thomas. Lawmakers want to know more about her role in trying to help Trump overturn the election. She contacted lawmakers in Arizona and Wisconsin as part of that effort.

Members of the committee are still debating how aggressively to pursue testimony from Trump and former Vice President Mike Pence.

Some have questioned whether the committee needs to call Pence, who resisted Trump’s pressure to try and block President Biden’s certification on Jan. 6. Many of his closest aides have already testified, including Greg Jacob, his top lawyer at the White House who was with him during the insurrection as they hid from rioters who were threatening the vice president’s life. Jacobs characterized much of Pence’s thought process during the time when Trump was pressuring him.

The panel has been in discussions with Pence’s lawyers for months, without any discernible progress. Still, the committee could invite Pence for closed-door testimony or ask him to answer written questions.

The calculation is different for the former president. Members have debated whether they should call Trump, who is the focus of their probe but also a witness who has fought against the investigation in court, denied much of the evidence and floated the idea of presidential pardons for Jan. 6 rioters. Trump is also facing scrutiny in several other investigations, including at the Justice Department and over the classified documents he took to his private club.

Another bit of unfinished business is the committee’s subpoenas to five House Republicans, including Minority Leader Kevin McCarthy of California.

In May the panel subpoenaed McCarthy and Reps. Jim Jordan of Ohio, Scott Perry of Pennsylvania, Andy Biggs of Arizona and Mo Brooks of Alabama. The panel has investigated McCarthy’s conversations with Trump the day of the attack and meetings the four other lawmakers had with the White House beforehand as Trump and some of his allies worked to overturn his election defeat.

The five Republicans, all of whom have repeatedly downplayed the investigation’s legitimacy, have simply ignored the request to testify. But the Jan. 6 committee seems unlikely to meet their defiance with contempt charges, as they have with other witnesses, in the weeks before the November elections. Not only would it be a politically risky move, but it is unclear what eventual recourse the panel would have against its own colleagues.

In all, the committee must shut down within a month after issuing a final report, per its rules. But lawmakers could issue some smaller reports before then, perhaps even before the November elections. Thompson said earlier this summer that there may be an interim report in the fall.

The release of the final report will likely come close to the end of the year so the panel can maximize its time. While much of the findings will already be known, the report is expected to thread the story together in a definitive way that lays out the committee’s conclusions for history.

The committee is expected to weigh in on possible legislative changes to the Electoral Count Act, which governs how a presidential election is certified by Congress.

A bipartisan group of senators released proposed changes over the summer that would clarify the way states submit electors and the vice president tallies the votes. Trump and his allies tried to find loopholes in that law ahead of Jan. 6 as the former president worked to overturn his defeat to President Biden and unsuccessfully pressured Pence to go along.

The Jan. 6 panel’s final report is expected to include a larger swath of legislative recommendations.

Additional reporting by The Associated Press.

: newsy.com

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Twitter Whistleblower Testifies Before Congress Over Security Flaws

By Associated Press

and Newsy Staff
September 13, 2022

Former Twitter security chief Peiter Zatko alleges that the social media platform ignored engineers and led them to “prioritize profit over security.”

A former security chief at Twitter told Congress that the social media platform is plagued by weak cyber defenses, privacy threats and the inability to control millions of fake accounts. Peiter “Mudge” Zatko, a respected cybersecurity expert, appeared before the Senate Judiciary Committee to lay out his allegations Tuesday.

“Twitter’s misleading the public, lawmakers” and regulators, Zatko said as he began his sworn testimony.

“They don’t know what data they have, where it lives and where it came from and so, unsurprisingly, they can’t protect it,” Zatko said. “It doesn’t matter who has keys if there are no locks.”

Zatko said “Twitter leadership ignored its engineers,” in part because “their executive incentives led them to prioritize profit over security.”

His message echoed one brought to Congress against another social media giant last year, but unlike that Facebook whistleblower, Frances Haugen, Zatko hasn’t brought troves of internal documents to back up his claims.

Zatko was the head of security for the influential platform until he was fired early this year. He filed a whistleblower complaint in July with Congress, the Justice Department, the Federal Trade Commission and the Securities and Exchange Commission. Among his most serious accusations is that Twitter violated the terms of a 2011 FTC settlement by falsely claiming that it had put stronger measures in place to protect the security and privacy of its users.

Sen. Dick Durbin, an Illinois Democrat who heads the Judiciary Committee, said Zatko has detailed flaws “that may pose a direct threat to Twitter’s hundreds of millions of users as well as to American democracy.”

“Twitter is an immensely powerful platform and can’t afford gaping vulnerabilities,” he said.

Unknown to Twitter users, there’s far more personal information disclosed than they — or sometimes even Twitter itself — realize, Zatko testified. He said “basic systemic failures” that were brought forward by company engineers were not addressed.

The FTC has been “a little over its head,” and far behind European counterparts, in policing the sort of privacy violations that have occurred at Twitter, Zatko said.

Zatko’s claims could also affect Tesla billionaire Elon Musk’s attempt to back out of his $44 billion deal to acquire the social platform. Musk claims that Twitter has long underreported spam bots on its platform and cites that as a reason to nix the deal he struck in April.

Many of Zatko’s claims are uncorroborated and appear to have little documentary support. Twitter has called Zatko’s description of events “a false narrative … riddled with inconsistencies and inaccuracies” and lacking important context.

Among the assertions from Zatko that drew attention from lawmakers Tuesday was that Twitter knowingly allowed the government of India to place its agents on the company payroll, where they had access to highly sensitive data on users. Twitter’s lack of ability to log how employees accessed user accounts made it hard for the company to detect when employees were abusing their access, Zatko said.

Zatko also accuses the company of deception in its handling of automated “spam bots,” or fake accounts. That allegation is at the core of billionaire tycoon Elon Musk’s attempt to back out of his $44 billion deal to buy Twitter. Musk and Twitter are locked in a bitter legal battle, with Twitter having sued Musk to force him to complete the deal. The Delaware judge overseeing the case ruled last week that Musk can include new evidence related to Zatko’s allegations in the high-stakes trial, which is set to start Oct. 17.

Sen. Charles Grassley, the committee’s ranking Republican, said Tuesday that Twitter CEO Parag Agrawal declined to testify at the hearing, citing the ongoing legal proceedings with Musk. But the hearing is “more important than Twitter’s civil litigation in Delaware,” Grassley said. Twitter declined to comment on Grassley’s remarks.

In his complaint, Zatko accused Agrawal as well as other senior executives and board members of numerous violations, including making “false and misleading statements to users and the FTC about the Twitter platform’s security, privacy and integrity.”

Zatko, 51, first gained prominence in the 1990s as a pioneer in the ethical hacking movement and later worked in senior positions at an elite Defense Department research unit and at Google. He joined Twitter in late 2020 at the urging of then-CEO Jack Dorsey.

Additional reporting by The Associated Press.

: newsy.com

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Musk Subpoenas Twitter Whistleblower In Bid To Rescind Acquisition

By Associated Press

and Newsy Staff
August 30, 2022

Twitter’s former head of security was subpoenaed after a whistleblower complaint alleged the platform misled U.S. regulators about fake accounts.

Tesla CEO Elon Musk and Twitter lobbed more accusations at each other Tuesday in the latest round of legal filings over Musk’s efforts to rescind his offer to buy the social media platform.

Musk filed more paperwork in his bid to terminate the deal, this time based on information in a whistleblower complaint filed by Twitter’s former head of security.

Twitter fired back by saying Musk’s attempt to back out is “invalid and wrongful.”

In a filing with the Securities and Exchange Commission, Musk said his legal team notified Twitter of “additional bases” for ending the deal on top of the ones given in the original termination notice issued in July.

Twitter has sued Musk, asking the Delaware Chancery Court to force him to go through with the $44 billion deal. A high-stakes trial is set to start the week of Oct. 17.

In a letter to Twitter Inc., which was included in the filing, Musk’s advisers cited the whistleblower report by former executive Peiter Zatko — also known by his hacker handle “Mudge.”

Zatko, who served as Twitter’s head of security until he was fired early this year, alleged in his complaint to U.S. officials that the company misled regulators about its poor cybersecurity defenses and its negligence in attempting to root out fake accounts that spread disinformation.

The Musk letter, addressed to Twitter’s Chief Legal Officer Vijaya Gadde, said Zatko’s allegations provide extra reasons to end the deal if the July termination notice “is determined to be invalid for any reason.”

Billionaire Musk has spent months alleging that the company he agreed to acquire undercounted its fake and spam accounts, which means he doesn’t have to go through with the deal.

In a separate SEC filing, Twitter responded to what it called Musk’s latest “purported termination,” saying it’s “based solely on statements made by a third party that, as Twitter has previously stated, are riddled with inconsistencies and inaccuracies and lack important context.”

Zatko received a subpoena Saturday from Musk’s team compelling him to testify in what Zatko’s lawyers emphasized would be an “involuntary” deposition ahead of the coming courtroom battle between Twitter and Musk.

“He did not make his whistleblower disclosures to the appropriate governmental bodies to benefit Musk or to harm Twitter, but rather to protect the American public and Twitter shareholders,” Zatko’s lawyers wrote in a prepared statement.

Twitter is likely to amend its lawsuit to include Zatko’s allegations, so the court can decide on both the bot and cybersecurity issues.

The court will have to decide whether the bot or cybersecurity issues are a “material adverse effect” that will harm Twitter’s business for years.

Additional reporting by The Associated Press.

: newsy.com

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A Who’s Who of Silicon Valley Lawyers Up for the Musk-Twitter Trial

Jack Dorsey, a founder of Twitter, got a subpoena. So did Marc Andreessen, a prominent venture capitalist. Larry Ellison, Oracle’s chairman, and the investors David Sacks and Joe Lonsdale received them, too.

They were all summoned to share what they know about the rancorous, knock-down, drag-out tech spectacle of the year: the fight between Twitter and Elon Musk, the world’s richest man.

Mr. Musk enthusiastically agreed to buy Twitter in April for $44 billion, but has since tried to back out of the blockbuster deal, leading to lawsuits and recriminations. Both sides are set for a showdown in Delaware Chancery Court in October over whether Mr. Musk needs to stick with the acquisition. The torrent of legal demands in the case has forced a who’s who of Silicon Valley to now lawyer up, creating a heyday for top-tier law firms.

unsolicited bid worth more than $40 billion for the social network, saying he wanted to make Twitter a private company and allow people to speak more freely on the service.

Former chief of staff Mark Meadows, lawyer Sidney Powell are among the highest-profile members of Trump’s circle to be called to testify in the probe.

The prosecutor investigating whether Donald Trump and others illegally tried to influence the 2020 election in Georgia is seeking to compel testimony from more allies of the former president, including former chief of staff Mark Meadows and lawyer Sidney Powell.

Fulton County District Attorney Fani Willis filed petitions Thursday seeking to have Meadows and Powell, as well as James “Phil” Waldron, who met with Meadows, and former Trump campaign adviser Boris Epshteyn, testify before a special grand jury in Atlanta next month.

Meadows, Trump’s final chief of staff, and Powell, a dogged advocate of the president’s false claims of widespread election fraud, are among the highest-profile members of Trump’s circle to be summoned to testify in the probe, joining other top figures including Trump lawyer Rudy Giuliani and U.S. Sen. Lindsey Graham. It further raises the legal stakes for the former president as he weighs a 2024 presidential bid.

Because they don’t live in Georgia, Willis has to use a process that involves getting judges in the states where they live to order them to appear. The petitions she filed Thursday are essentially precursors to subpoenas. Fulton County Superior Court Judge Robert McBurney, who’s overseeing the special grand jury, signed off on the petitions, certifying that each person whose testimony is sought is a “necessary and material” witness for the investigation.

Willis wrote that each of them has unique knowledge about their communications with Trump, his campaign and others “involved in the multi-state, coordinated efforts to influence the results of the November 2020 elections in Georgia and elsewhere.”

George Terwilliger, a lawyer for Meadows, declined to comment Thursday. Epshteyn didn’t immediately respond to a request for comment. Powell and Waldron could not immediately be reached.

Willis last month filed similar petitions for seven other Trump associates and attorneys, including Giuliani and Graham. Giuliani, who’s been told he’s a target of the investigation, testified before the special grand jury last week. Graham is fighting his subpoena in court.

Also on Thursday, lawyers for Georgia Gov. Brian Kemp appeared in court to argue that he shouldn’t have to testify before the special grand jury. And Kenneth Chesebro, a lawyer who was part of the earlier batch of Trump associates whom Willis sought to compel to testify, filed a motion to quash his subpoena.

In the petition seeking Meadows’ testimony, Willis wrote that Meadows attended a Dec. 21, 2020, meeting at the White House with Trump and others “to discuss allegations of voter fraud and certification of electoral college votes from Georgia and other states.” The next day, Willis wrote, Meadows made a “surprise visit” to Cobb County, just outside Atlanta, where an audit of signatures on absentee ballot envelopes was being conducted. He asked to observe the audit but wasn’t allowed to because it wasn’t open to the public, the petition says.

Between Jan. 30, 2020, and Jan. 1, 2021, Meadows sent emails to Justice Department officials making allegations of voter fraud in Georgia and elsewhere and requesting investigations, Willis wrote. He was also on a Jan. 2, 2021, phone call with Georgia Secretary of State Brad Raffensperger, during which Trump suggested the state’s top elections official could “find” enough votes to overturn his narrow election loss in the state.

In the petition seeking Powell’s testimony, Willis wrote that Powell is “known to be affiliated with both former President Donald Trump and the Trump Campaign.” The petition says attorney Lin Wood said in a television interview that Powell was part of a group who met at his home in South Carolina “for the purpose of exploring options to influence the results of the November 2020 elections in Georgia and elsewhere.” Wood, who’s licensed in Georgia, said Powell asked him to help find Georgia residents to serve as plaintiffs in lawsuits contesting the state’s election results, Willis wrote.

In June of this year, the U.S. House committee investigating the Jan. 6, 2021, attack on the U.S. Capitol released a deposition of Powell in which she said that in the weeks following the 2020 election, Trump asked her to be “special counsel to address the election issues and to collect evidence,” saying he was frustrated with law enforcement agencies, Willis wrote.

Last week, the Georgia Bureau of Investigation confirmed that it is helping the Georgia secretary of state’s office look into an alleged breach of elections data in Coffee County in south Georgia, Willis wrote. She noted that publicly reported emails indicate that Powell coordinated with a data solutions company to get elections data from Coffee County in early January 2021 and was involved in similar efforts in Michigan and Nevada.

Special grand juries are impaneled in Georgia to investigate complex cases with large numbers of witnesses and potential logistical concerns. They can compel evidence and subpoena witnesses for questioning, but they do not have the power to indict. When its investigation is complete, the special grand jury issues a final report and can recommend action. It’s then up to the district attorney to decide whether to ask a regular grand jury for an indictment.

During the hearing Thursday on Kemp’s attempt to avoid testifying, his lawyers argued that he is protected from having to testify by the principle of sovereign immunity, which says the state can’t be sued without its consent. Prosecutors argued that’s not applicable because Kemp is not being sued but instead is being called as a witness to provide facts for an investigation.

Kemp’s attorneys accuse the district attorney of pursuing a “politically motivated” probe, something she has vehemently denied.

Kemp attorney Brian McEvoy argued that, if the governor does have to testify, it shouldn’t happen until after the general election. Kemp faces a rematch with Democrat Stacey Abrams in November in one of the most high-profile and closely watched gubernatorial contests in the country.

“Your Honor is well aware of where we are, what state we’re in, what race we’re facing, and the governor ought not have to suffer political consequences for invoking a legal right,” McEvoy said.

Prosecutor Donald Wakeford noted that Willis waited until after contentious primary elections in late May to begin calling witnesses before the special grand jury for that very reason. The governor could have quietly honored a subpoena to appear last week without any media attention, Wakeford argued, but instead, his attorneys filed the motion to quash the day before, thrusting the issue into the public eye.

“To continually insist that this is a situation engineered by the district attorney’s office to the intentional detriment of the governor is just not true,” Wakeford said.

Judge McBurney did not immediately rule and it wasn’t clear when he would.

Additional reporting by The Associated Press.

: newsy.com

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