The Hillsdale election tampering case continued Friday with the cross examination of Michigan Elections Bureau Director Jonathan Brater.
WATCH THE VIDEO FOR HEARING HIGHLIGHTS:
Former Adams Township Clerk Stephanie Scott and her lawyer Stefanie Lambert are facing multiple felony charges in connection with the 2020 election. They are accused of transmitting voter data to IT examiner Benjamin Cotton and failing to give a voting machine to Brater for preventive maintenance, fearing it would be altered.
Four-and-a-half hours of cross-examination of Brater — here, about a flash card with voter information the defense says Brater ordered to be erased.
"Was it your obligation to know what's on the EPB flash card before you ordered the destruction?" — Defense Attorney Kurt Olsen
"....I think it's my obligation to ensure that either myself or somebody at the Bureau of Elections…" — Jonathan Brater, Director, Michigan Bureau of Elections
"Yes or no?" — Olsen
"Well, yeah, I mean…" — Brater
"Objection, your honor!" — Richard Cunningham, Prosecuting Attorney
Defense Attorney Kurt Olsen quoting federal and state laws he says obligate a township clerk to preserve voting data, including the card, and empower her to investigate suspected fraud. Scott and Lambert are accused of transmitting data from that card to IT examiner Benjamin Cotton so that it could be checked against the state voter database.
"My clients are under criminal indictment, in part, because she fulfilled an obligation to preserve election records that you ordered deleted, and you don't even know whether you gave an illegal order?" asked Olsen.
Brater's response: "No, that's not what I said....When it comes to the records involved here, that included a retention schedule that lays out all the information that needs to be retained, and for how long."
Brater says voter data is typically uploaded to a state server called the "Qualified Voter File" and that this meets retention requirements.
But Brater said that his instructions to Scott were not in accordance with the Administrative Procedures Act, which the defense argues must be the case for criminal penalties to apply.
After more than a year, the case is still in its preliminary phase. If the judge determines there is sufficient cause, it will proceed to trial.
After Friday's hearing, Lambert was sounding confident, saying she believes the case will be dismissed.
Both Prosecutor Richard Cunningham and Brater declined to be interviewed.
SEE PREVIOUS COVERAGE OF THE CASE HERE, HERE, HERE, AND HERE.
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