Arizona Republican who spearheaded audit now says Cyber Ninjas is in 'material breach of its contract'

Arizona GOP Senate Leader Karen Fann, who commissioned Cyber Ninjas' partisan audit of 2020 presidential election results in Maricopa County, now says the private company is in "material breach of its contract."

In a Tuesday letter to Cyber Ninjas and CEO Doug Logan, Fann wrote that she requested all of the company's records related to the audit on Sept. 14. However, Cyber Ninjas has provided only 300 records, which represents "an insubstantial percentage of all existing responsive records," according to Fann's letter.

Fann noted that the records are needed to comply with Maricopa County Superior Court Judge Michael Kemp's order from Aug. 2 requiring the Senate GOP leader to turn over records related to the audit "immediately." The left-leaning watchdog group American Oversight, which sued Fann seeking emails, texts and other documents related to the audit, recently asked Kemp to hold her in contempt for failing to provide the records in a timely fashion after his ruling.

In her letter to Cyber Ninjas, Fann noted that in response to American Oversight's lawsuit, the state Senate argued that Cyber Ninjas shouldn't be required to turn over records from the audit in response to requests from third parties. But Judge Kemp disagreed — and his decision was upheld by the Arizona Supreme Court.

"Accordingly, Cyber Ninjas' inadequate response to my September 14 request places it in material breach of the MSA (contract) as construed by the court, and the Senate reserves its rights to pursue any and every applicable claim or remedy to enforce the agreement's provisions," Fann wrote.

Fann also sent a letter Tuesday to Cyber Ninjas' subcontractors, seeking records from the audit.

ABC Channel 15 data reporter Garrett Archer posted copies of both letters on Twitter. Read them below.