claimed with respect to the number of undocumented noncitizens who voted in Arizona
that “the bare minimum is 40 or 50,000, the reality is probably about 250,000 . . . .” He
then used these unsubstantiated figures to support a claim that Trump won Arizona by
about 50,000 votes (id.). After the New Year, in another episode of the War Room
podcast, the number of “illegal immigrants” respondent was claiming had voted illegally
changed yet again. This time respondent claimed there were 32,000 of such illegal
votes. Respondent admitted in the podcast that he did not have the “best sources” to
justify this estimate, but stated that he was relying on “newspaper and records” for his
claims (id.). Respondent later either reiterated and/or agreed with statements made by
others, that undocumented noncitizens had voted in Arizona in the 2020 election; he
made these statements during the March 9th, 11th, and April 27, 2021 broadcasts of his
Chat with the Mayor radio show and on April 21, 2021 during an appearance on the
War Room podcast. Respondent made these misstatements most recently after the AGC
brought this motion for his interim suspension.
On their face, these numerical claims are so wildly divergent and irreconcilable,
that they all cannot be true at the same time. Some of the wild divergences were even
stated by respondent in the very same sentence. Moreover, at the November 30, 2020
hearing, when it was brought to respondent’s attention that no study to support the
conclusions had been done, respondent persisted in making these false factual
statements. In January 2021, respondent even admitted that he did not have the “best
sources” to justify the numbers he was stating as fact. Nonetheless, respondent has
failed to produce any sources, whether “best” or marginal, to support any of the figures
he has presented to the public with authority. He has not identified, let alone produced
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