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BREAKING: Judge dismisses Arizona lawmakers’ subpoena case, but grants opportunity to refile

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Dec. 23, 2020 | 22:20 ET

PHOENIX — Arizona Superior Court Judge Randall Warner dismissed the Arizona Senate leadership’s lawsuit seeking to enforce legislative subpoenas against the Maricopa County Board of Supervisors. The judge said a writ of mandamus was not a proper remedy for the enforcement of legislative subpoenas.

The judge noted, however, that a different portion of Arizona law does appear to provide an “plausible” enforcement mechanism of the subpoenas, but the lawmakers failed to mention that law in their original suit.

Judge Warner dismissed the case but granted the legislators to opportunity to refile the case under the proper law.

Earlier this month, the Arizona legislature issued Maricopa County several legislative subpoenas, demanding that election officials produce the Dominion voting machines and other information for inspection. But last week, the Maricopa County Board of Supervisors told state lawmakers they would not comply with the subpoenas.

Read the judge’s order here:


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