On Tuesday, The Arizona Republic reported that two Arizona state lawmakers who were in Washington, D.C. during the violent invasion of the U.S. Capitol are refusing to hand over phone records.
"The Arizona Republic asked the state House of Representatives to provide any such messages from Rep. Mark Finchem, R-Oro Valley, and then-Rep. Anthony Kern, R-Glendale, under public records laws," reported Andrew Oxford. "But responding through a private attorney, and not the House, the duo said they would not turn over any records that are on their 'personal devices,' arguing that these are not public records."
However, as the report noted, "Arizona courts have ruled that records on a public official's private device can be considered a public record if those records relate to public business and the phone was used for a public purpose."
Finchem and Kern are among a number of Republicans who have argued for overturning the results of the election, including in their own state. Finchem, according to the report, said that while he was in Washington, "he had planned to deliver a letter to then-Vice President Mike Pence and meet with members of Congress, as well as speak at a protest that was also to include legislators from several states."
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