Georgia Attorney General Quits Defense in Server Wiping Case
Secretary of State Brian Kemp released a statement Wednesday saying the law firm of former Georgia Gov. Roy Barnes will represent Kemp and other state election officials.
November 01, 2017 at 04:07 PM
4 minute read
Chris Carr, Georgia attorney general
Photo: John Disney/ALM
The Georgia attorney general's office will no longer represent state election officials in an elections integrity lawsuit in which a crucial computer server was quietly wiped clean three days after the suit was filed, The Associated Press has learned.
The lawsuit aims to force Georgia to retire its antiquated and heavily criticized touchscreen election technology, which does not provide an auditable paper trail.
The server in question was a statewide staging location for key election-related data. It made national headlines in June after a security expert disclosed a gaping security hole that wasn't fixed for six months after he first reported it to election authorities. Personal data was exposed for Georgia's 6.7 million voters, as were passwords used by county officials to access files.
The assistant state attorney general handling the case, Cristina Correia, notified the court and participating attorneys Wednesday that her office was withdrawing from the case, according to an email obtained by the AP.
Spokeswoman Katelyn McCreary offered no explanation and said she couldn't comment “on pending matters.”
Secretary of State Brian Kemp released a statement Wednesday saying the law firm of former Georgia Gov. Roy Barnes will represent Kemp and other state election officials. It did not say whether the state would pay Barnes' firm. Both Kemp and state Attorney General Chris Carr are Republicans. Barnes is a Democrat.
“Governor Barnes and I don't see eye to eye on everything, but he will be a zealous advocate for the State Election Board and the Secretary of State to show that these claims are baseless,” Kemp's statement said. “We look forward to working with him as we continue to provide secure elections in Georgia.”
The server's data was destroyed July 7 by technicians at the Center for Elections Systems at Kennesaw State University, which runs the state's election system, Correia had previously informed attorneys in the case.
The erased hard drives are central to the lawsuit because they could have revealed whether Georgia's most recent elections were compromised by hackers. Russian interference in U.S. politics, including attempts to penetrate voting systems, has been an acute national preoccupation since last year.
It's not clear who ordered the server's data irretrievably erased.
Kemp, who is running for governor in 2018, has denied ordering the data destruction or knowing about it in advance. His office's general counsel issued a two-page report on Monday claiming Kennesaw State officials followed “standard IT practices” in wiping the server that “were not undertaken to delete evidence.” In its initial statement on the server wiping on Oct. 26, Kemp's office called KSU's wiping of the server reckless, inexcusable and inept.
The report says “current indications are” that the FBI retains an image of the server that it made in March when it investigated the security hole. The FBI has not responded to AP inquiries on whether it still has that image or has performed a forensic examination to determine whether data on the server might have been altered by hackers.
Executive Director Marilyn Marks of the Coalition for Good Governance, a plaintiff in the case, called the attorney general's office's withdrawal from the legal defense shocking but not unexpected.
She accused Kemp of hiding the facts of the case — perhaps even from the state attorney general's office.
“There have been multiple conflicting stories of how and when the evidence on the servers was destroyed,” she said.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllMDL Judge: 'Significant Number of Plaintiffs' Can't Allege Paraquat Exposure
8 minute read'An Untenable Position': Ex-City of Atlanta Defense Lawyers Appeal Sanctions Order
Judge Issues Order Compelling Giuliani to Comply With Smartmatic Discovery
Trending Stories
- 1Call for Nominations: Elite Trial Lawyers 2025
- 2Senate Judiciary Dems Release Report on Supreme Court Ethics
- 3Senate Confirms Last 2 of Biden's California Judicial Nominees
- 4Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 5Tom Girardi to Surrender to Federal Authorities on Jan. 7
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250