Letter to Mr. Douglas Logan Chief Executive Officer and Principal Consultant, Cyber Ninjas Inc. - Chairs Maloney and Raskin Launch Investigation Into Privately Run "audit' of Arizona 2020 Election Results

Letter

Dear Mr. Logan:

We are writing to request information about Cyber Ninjas' participation in an "audit" of
nearly 2.1 million ballots cast in Maricopa County, Arizona, in the 2020 election. We are
concerned about your company's role in this highly unusual effort, given Cyber Ninjas' apparent
lack of experience in conducting election-related audits; reports that the company engaged in
sloppy and insecure audit practices that compromised the integrity of ballots and voting
equipment and were questioned by the U.S. Department of Justice (DOJ); and evidence that you
and other individuals funding the audit have sought to advance the "big lie" of debunked voter
fraud allegations in the November 2020 presidential election.

Americans' right to vote is protected by the Constitution and is the cornerstone of our
democratic system of government. The Committee is seeking to determine whether the privately
funded audit conducted by your company in Arizona protects the right to vote or is instead an
effort to promote baseless conspiracy theories, undermine confidence in America's elections, and
reverse the result of a free and fair election for partisan gain.

Cyber Ninjas' Lack of Election Audit Experience

In April 2021, the Arizona State Senate launched an audit of the 2020 election results in
Maricopa County, Arizona. This project was undertaken despite a clear, bipartisan consensus
among county officials and outside experts that the election results were valid, that no significant
fraud occurred, and that the additional audit served no legitimate purpose.

Prior to the State Senate's highly unusual audit, an official hand-count audit found a
100% match between paper ballots and voting machines. In addition, two nonpartisan firms with
expertise in voting systems examined the voting machines and found no evidence of fraud.

Describing the State Senate's additional audit, Stephen Richer, the Republican official in charge
of administering Maricopa County's elections, stated that there was no "legitimate reason that
would have prompted this audit." All five members of the Maricopa County Board of
Supervisors, four of whom are Republicans, wrote a letter to the State Senate President
describing the State Senate's audit as a "spectacle that is harming all of us."

Nevertheless, the Republican-led State Senate chose to move forward with an additional
audit. Rather than rely on knowledgeable county or state election officials and certified election
experts, they hired a group of private companies led by Cyber Ninjas. Cyber Ninjas is a
Florida-based cybersecurity company not federally accredited by the U.S. Election Assistance
Commission to test voting systems. Although Cyber Ninjas claims to have been part of prior
election audits in Michigan and Georgia, officials in those states denied that the company
participated in those audits.

The Arizona State Senate reportedly received an official offer from
an experienced election auditing company to conduct the review but chose to award the contract
to Cyber Ninjas, even though it does not appear to have submitted an official bid. These actions
raise questions as to how and why this contract was awarded to your company.

Significant questions have also been raised regarding the source of funding for the audit
your company is conducting. According to news reports, Cyber Ninjas offered to complete the
audit work for a fraction of the actual cost. Ken Bennett, a former Arizona Secretary of State
who served as a "liaison" in connection with this audit, stated the amount your company is charging the Arizona State Senate would not be enough to conduct the full audit and that auditors
"will be accepting outside sources of money, which will not be subject to Arizona's public
records law."

Reports indicate that substantial outside funding has come from partisan dark money
groups. These include Voices and Votes, an organization run by Christina Bobb, a former
Trump Administration appointee and anchor for One America News Network. Another reported
funding source, Fight Back, is a nonprofit run by L. Lin Wood, an attorney who pursued failed
litigation to overturn the 2020 election on behalf of former President Trump, promoted
conspiracy theories linked to QAnon, and called for the execution of former Vice President Mike
Pence. Another funder is America Project, run by Patrick Byrne, the former chief executive of
Overstock.com, who has also sought to overturn the 2020 election based on unfounded
conspiracy theories.

Cyber Ninjas' Sloppy and Insecure Audit Practices

Soon after Cyber Ninjas began its work, reports emerged that the company had
mismanaged the audit and engaged in insecure practices that jeopardized the integrity of ballots
and voting machines. According to reports, auditors used equipment that had not been federally
tested or certified and used ultraviolet light--which experts say can cause damage to ballots--to
scan for evidence of fraud. Ballots and tabulation machinery were apparently left unsecured,
and reporters were able to enter the site of the audit without permission, getting close to the
ballots and the county's equipment in a clear lapse of security.

One reporter noticed that auditors were using blue pens during the audit in violation of
Arizona's own election process manual, which prohibits the use of anything but red pens to
prevent a risk of altering the vote on a ballot. A former local election official who was asked by the Arizona Secretary of State to serve as an observer of the audit noted that auditors flagged
ballots as "suspicious" for reasons such as paper weight and texture, apparently searching for
bamboo fibers due to unfounded speculation that fake ballots had been flown in from South
Korea. According to this official, "In more than a decade working on elections, audits and
recounts across the country, I've never seen one this mismanaged." Maricopa County has
announced that because of security concerns caused by the audit, it will replace all voting
equipment turned over to Cyber Ninjas--potentially costing taxpayers millions of dollars.

On May 5, 2021, DOJ's Civil Rights Division wrote to Arizona State Senate President
Karen Fann about the possible violation of federal statutes related to the audit. DOJ's letter
expressed "concerns" regarding Cyber Ninjas' practices following reports that election materials
"are no longer under the ultimate control of state and local elections officials, are not being
adequately safeguarded by contractors at an insecure facility, and are at risk of being lost, stolen,
altered, compromised or destroyed.

DOJ also wrote that Cyber Ninjas' plan to canvass voters door to door to confirm the
identity of certain voters "raises concerns regarding potential intimidation of voters." Senate
President Fann responded to the Department, announcing the suspension of the auditors'
canvassing plans.

Cyber Ninjas has repeatedly failed to meet its own timeline for the audit and has
repeatedly moved election materials--at one point to accommodate high school graduation
ceremonies--raising questions about the integrity of the process and whether Cyber Ninjas is
merely searching for evidence to support a predetermined result rather than conducting an
impartial audit. Your company's actions also may have introduced significant errors into the audit process. Yesterday, Senate President Fann discussed a potential discrepancy in vote counts
that will require additional time and processes to verify. Outside observers and Republican
county officials have noted that any errors so far observed are likely the result of serious flaws in
Cyber Ninjas' procedures. One expert previously observed that Cyber Ninjas' practices
"allowed for a shocking amount of error," including that "[a]t no point did anyone track how
many ballots they were processing at their station, to ensure that none got added or lost during
handling." Experts have also noted that the work of Cyber Ninjas itself "cannot be audited."

Embrace of Election Conspiracy Theories

Your public statements regarding the 2020 presidential election raise serious questions
about your ability to lead impartial work related to the election. Press reports indicate that you
repeatedly alleged on social media that the 2020 presidential election was rigged against former
President Donald Trump, using the "Stop the Steal" hashtag. You also reportedly retweeted a
claim that an audit of the election might show that "Trump got 200k more votes than previously
reported in Arizona."

You have confirmed that you are the author of a document posted on the website of
Trump attorney and conspiracy theorist Sidney Powell entitled "Election Fraud Facts & Details,"
which you stated was written to assist U.S. Senators planning to object to the certification of the
Electoral College on January 6. The document repeats debunked claims regarding Dominion
Voting Systems, including that the company has origins in Venezuela, was used to rig elections
for deceased President Hugo Chavez, and is owned in part by a Chinese company. You were
listed as an expert witness in a Michigan lawsuit alleging election fraud in connection with Dominion Voting Systems, but the case was dismissed after the state concluded its own audit
without finding fraud.

The Constitution guarantees the right to vote and empowers Congress to legislate to
protect that right and regulate elections. Congress has enacted legislation to safeguard this
right and to ensure that elections are safe, secure, and fairly and impartially administered. Congress is also empowered to investigate any conduct that may infringe on this fundamental
right, and the Committee has examined state voting and elections issues on numerous
occasions.

The Committee is deeply troubled by Cyber Ninjas' lack of election audit experience; its
reported mismanagement of the audit in Maricopa County, which may have compromised ballots
and election equipment; your own bias and history of embracing conspiracy theories related to
the election; and the private sources of funding that may have further undermined the credibility
and impartiality of this effort. The Committee is particularly concerned that your company's
actions could undermine the integrity of federal elections and interfere with Americans'
constitutional right to cast their ballot freely and to have their votes counted without partisan
interference. In connection with this investigation, the Committee intends to study the need for
legislative reforms to ensure the right is protected before, during, and after an election and that
third parties do not interfere with this right.

For all of these reasons, the Committee requests that Cyber Ninjas produce the following
documents by July 28:
1. Documents sufficient to show all individuals and entities with direct or indirect
ownership interests in, or control of, Cyber Ninjas, including, but not limited to,
officers, board members, and shareholders;
2. Documents sufficient to show all previous clients to which Cyber Ninjas has
provided consulting services related to election audits or election law and a
detailed description of the services provided, the payments received, and the
source of the funds;
3. All documents and communications related to the engagement of Cyber Ninjas
for the Maricopa County audit, including but not limited to the purpose of the
engagement, the scope of work, the role of the company, and the role of other
individuals or entities;
4. All documents and communications related to payment or funding for the
Maricopa County audit, including but not limited to the sources, amounts, terms,
and conditions of such funding and any fundraising efforts;
5. All documents and communications related to conducting the Maricopa County
audit, including but not limited to policies, procedures, audit plans, strategy,
staffing and personnel, and security or integrity problems that arose during the
audit, and any interim or final audit findings;
6. All documents and communications related to the following allegations that have
reportedly been considered by you or your company in connection with the 2020
presidential election:
a. bamboo-laced ballots smuggled in from Asian countries;
b. watermarks placed on the ballot by the Trump campaign that were visible
with UV lights;
c. machine-marked ballots
d. errors designed to create fraud in Dominion Voting Systems' equipment;
and
e. the involvement of current or former members of the Central Intelligence
Agency in disinformation around election fraud;
7. All documents and communications related to formal or informal complaints
related to the audit received by Cyber Ninjas from any source, including but not
limited to federal, state, or county election officials, Cyber Ninjas employees, or
other individuals;
8. All instructions, directions, training materials, and guidance Cyber Ninjas
employees, consultants, agents, volunteers, or representatives received relating to
the Maricopa County audit; and
9. For the period between November 6, 2020, and the present, all communications
involving you or any Cyber Ninjas employees, consultants, agents, volunteers, or
representatives with:
a. former President Donald Trump;
b. any Trump Administration official;
c. any formal or informal representative of President Trump's presidential
campaign, legal team, or political action committee;
d. any representative of Voices and Votes, Fight Back, America Project, or
any other funder of the Maricopa County audit;
e. Rudy Giuliani or any of his agents or representatives;
f. Sidney Powell;
g. L. Lin Wood;
h. Patrick Byrne;
i. Michael Flynn; or
j. Michael Lindell.

Source