Ken Bennett’s ‘Concerns’ about Maricopa’s Administration of the 2020 Election Give Fuel to Conspiracies and Lies

Ken Bennett needs to fully contextualize his concerns about election security and fully denounce the Big Lie and conspiracies about the 2020 election.

Ed.: This article is part of a series regarding Ken Bennett’s role and public statements regarding the #AZFraudit, please consider reading the others: “Bennett’s Bottom Line: No Evidence Supports Trump’s Lie That He Won AZ; “Does Ken Bennett Support LookForwardArizona’s Aims and Methods?“; and “Some of Ken Bennett’s Suggestions for Improvements to AZ Election Audit Laws Are Sensible and Non-Partisan Reforms

Here’s the First Volume of the Cyber Ninja’s Report to the AZ Senate, which summarizes their findings of concern.

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Among the allegations of irregularities are (italic emphases are mine):

  • Logs appeared to be intentionally rolled over, and all the data in the database related to the 2020 General Election had been fully cleared
  • Credential management was flawed: unique usernames and passwords were not allocated
  • Files were missing from the Election Management System (EMS) Server.

Senate President Karen Fann wrote a letter to Attorney General Brnovich that accompanied her transmittal of the Cyber Ninjas report. She admits that the result of the #AZFraudit confirms Biden’s victory and a near-perfect match between the official machine count of ballots and the hand-count inspection of the actual physical ballots. This confirms and re-iterates the bottom-line message that Bennett has delivered repeatedly[link to first Bennett article]. The election was accurate, secure, fair, and not stolen or manipulated:

The auditor’s final hand count which quadruple-checked every single one of the 2.1 million ballots matches Maricopa County’s official machine count. This is the most important and encouraging finding of the audit. The paper ballots in Maricopa County are the best evidence of voter intent because they are under 24-hour video surveillance and physical security, and there is no reliable evidence that they were altered to any material degree. This finding, therefore, addresses the sharpest concerns about the integrity of the certified results in the 2020 general election.”

In her letter, however, Fann also highlighted some areas of concern to her mind, one of which echos the first point I quoted in the Cyber Ninja report summary (again, italic emphases mine):

“The audit found that Maricopa County overwrote the entire activity log in its Election Management System. This was accomplished by churning more than 37,000 identical queries several days after the court ordered Maricopa County to produce its election materials to the Arizona State Senate.”

She also noted that a matter of concern to her was that (once agian, italic emphases are mine):

“The audit found that Maricopa County failed to take basic cybersecurity precautions for securing election systems”

She does not elaborate, but that concern surely echoes the second point I quoted from the Cyber Ninjas report summary about unique usernames and passwords not being allocated.

Implicit in the word choices and tone and implications of intentionality in these seemingly innocuous passages is a fairly sophisticated effort to spur conspiracy thinking and cast these deficiencies in the most unfavorable and malicious light.

You are probably thinking about now: “Come on! You sure are making a lot out of very little!” Perhaps. But that’s exactly how propaganda and influence operations work.

And this is where it leads:

As a trial attorney, who has studied and practiced how to influence groups of people subtly in these ways, I can attest to the power of such seemingly innocuous choices and intimations. I seek to demonstrate in this post how these choices, and their possibly innocent use and amplification by Ken Bennett, fuel the lies of those who seek to undermine our elections.

At the LookForwardAZ tour stop, Bennett reported many of those same concerns reported by the Cyber Ninjas report and Fann’s letter – often using the same words and phrases.

Bennett outlines his main concerns beginning where this embedded video starts – at about 14 minutes into his presentation – and wrapping up at about 21 minutes. I’ve included the whole video, so everyone can watch his entire prepared remarks, if you care to.

Bennett also testified about the #AZFraudit to Congress on October 9th before the entire nation. During his opening statement to the Committee, he again highlighted some of these same ‘concerns’ about Maricopa’s administration of the 2020 election. Quoting from his written remarks:

“…we did find several areas where election laws and procedures were or may have been violated. These include…

  • Common usernames and passwords used to login to the election management system
  • Insufficient security protocols and procedures
  • Deleted files and “churned” logs from the data delivered to the Senate…

I have included a brief video clip of Bennett’s congressional testimony here, in which he expresses his ‘concerns’ about the Maricopa election, all of which are almost verbatim lifted from the Cyber Ninja report. You can watch his entire opening statement here for full context.

In all of Bennett’s public testimony and statements about the election there is a commonality of concerns specifically related to the behavior, practices, and honesty of the Maricopa Board of Supervisors and the Maricopa County elections department:

    1. Files were ‘deleted’ from the elections management server and not released to the Senate, but rather backed up, and the Board of Supervisors denied any files had been deleted, until making admissions to that effect before Congress.
    2. Common usernames and passwords were used by elections staff, rather than ones unique to each user, as required by law according to Bennett, “best security practices” according to Fann, and merely ‘flawed’ according to the Cyber Ninjas report summary.
    3. User activity logs are alleged to have been ‘intentionally rolled over’ and ‘fully cleared, according to the Cyber Ninjas report, and ‘churned’ according to Bennett. I’m not sure where Bennett got the pejorative term ‘churned’ from, but perhaps elsewhere in the Cyber Ninjas report.

Of course, none of these ‘concerns’ brings into question the result of the 2020 election – even the Cyber Ninjas themselves don’t allege that these ‘concerns’ could have affected the result of the election: they admit that the best evidence are the physical ballots, which clearly and definitively confirm the official vote count.

These ‘concerns’ are simply irrelevant to the result of the 2020 Arizona election. No one, not Bennett, and not the Cyber Ninjas, are alleging otherwise – well, except maybe Trump and his lickspittles… Yet there is a persistent and sly elision by many seeking to undermine the 2020 election result that these ‘concerns’ somehow justify continued skepticism, or even outright denial, of the legitimate result of the Arizona election, and thus President Biden’s election.

How serious are these ‘concerns’, really? Are they being presented in a way that intentionally encourages continuing suspicion among those already inclined to be suspicious of the election result? I surmise that this is exactly what is being done, and I confronted Bennett about that.

I drilled down on some of those particular concerns, which Cyber Ninjas and Fann, and Rep. Andy Biggs have made sound so ominous and suspicious, and Bennett has publically also ‘related’, and I find that there is far less to these ‘concerns’ than the election deniers like Trump, Lake, Finchem, and others want to make them seem.

Ed: I have linked here an AI-generated transcript of our conversation as a Google Doc, as a transcript of a 10 minute conversation is rather too long to include in the body of this post.

This may seem a pedantic point, but these minor and deliberately framed ‘concerns’ continue fan conspiracy thinking.

For instance, the congressional hearing Bennett testified at was also attended by Arizona’s Rep. Andy Biggs, who is a prominent proponent of the #BigLie that the AZ election (in which he himself was elected on the very same ballots, BTW) was fraudulent, manipulated, corrupted, or somehow stolen from Trump.

Here is Rep. Andy Biggs of Arizona infamously denying that we can even know who won the Presidential election because of ‘irregularities’ in the Maricopa elections procedures. This perfidy will be Biggs’ legacy forever:

Purposeful, or not, Bennett’s repetition of these ‘concerns’ and often even the pejorative framing by Cyber Ninjas, Fann, and others, provides the basis for disinformation and outright election denial that we see here from Andy Biggs, Kari Lake, Mark Finchem, and others.

By failing to contextualize and explain that these ‘concerns’ are utterly irrelevant to the outcome of the 2020 election, Bennett allows those lies to flourish. I believe that Bennett is earnestly trying to convey that these ‘concerns’ are merely reasons to improve the elections procedures in Arizona, but the way he simply parrots the talking points and language of those who DO aim to subtly undermine the 2020 election undercuts that innocent intent and allows his reputation to be used propagandistically to spread disinformation and lies.

Bennett is not, of course, personally responsible for the reprehensible behavior and lies of Biggs, and Trump’s utterly baseless claim that audit proved he won Arizona, but Bennett must recognize his role in lending his credibility to the intimations of wrong-doing by Maricopa County elections workers and officials that allow these kinds of hateful, divisive, and dangerous lies to flourish. While Bennett may intend to merely point out there is a little smoke in the gears of the elections of Maricopa that we might need to address, demagogues and propagandists in his faction point to that smoke and scream that it means our democratic system of elections is on fire, and must be demolished to put out the flames.

Bennett has allowed his credibility to be exploited to amplify and give credence to the very flimsy aspersions being cast upon the conduct of Maricopa elections professionals and officials framed nefariously by the Cyber Ninjas and other conspiracy-mongers. I don’t think he realizes how vital his role can be in either cutting off the oxygen to the lies and smothering them, or giving them the air they need to spread and consume our democracy.

Vile demagogues like Biggs, Lake, Finchem, and Trump himself are using Bennett shamelessly to give their baseless lies credibility. He can’t simply throw up his hands and disclaim responsibility; he must denounce the lies head-on, or he is complicit in those lies and malign attacks on our democratic elections. I don’t believe Bennett would wish to see those attacks and lies continue, but I don’t think he sees that it is his responsibility to help stop them.

God knows, very few in his party will thank him now for standing up for the truth against the disinformation and lies. In fact, he would be widely reviled. He’s already getting a taste of that just for admitting the truth that Biden fairly won the election. But history will vindicate him, as will his peers when his party wakes up from their Trump-induced fever dream. But, really, Ken, none of that matters: integrity is a gift that a man gives himself.

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