Disputed Fact
[Disputed Fact – As to Pro V&V audit timing and whether misrepresentation was knowing] On January 6, 2021, Secretary Raffensperger transmitted a ten-page letter to Congress asserting in substance that “no fraud or irregularities occurred at all in Georgia.” VoterGA researchers identified 42 alleged false statements in the letter. The letter omitted:
- the Georgia Senate Subcommittee on Elections’ December 17, 2020 conclusion that the election “should not be certified”;
- the Governor’s referral of 6,691 fictitious ballots to the SEB; and
- the existence of over 250 open investigations.
Separately, a FOIA request established that ProV&V – whose pre-election audit the letter cited – conducted no audit activity until July 15, 2021, more than seven months post-election. If the ProV&V representation was knowingly false, it constitutes a material misrepresentation to Congress under 18 U.S.C. § 1001.
Citations
ProV&V FOIA documentation: A FOIA request established ProV&V conducted no audit activity until July 15, 2021. See Gateway Pundit: No Audit Was Performed (Dec. 2023).
BcCc Amicus Brief documents that the Raffensperger letter’s representation regarding the ProV&V audit was knowingly false if ProV&V had not yet conducted an audit at the time of the letter. See BcCc SCOTUS Amicus Brief (May 2024).
Classification as Disputed Fact reflects that while letter omissions are documented (EF), whether Raffensperger knew the ProV&V representation was false at the time of transmission has not been adjudicated. If knowingly false, 18 U.S.C. § 1001 would apply.
BcCc Amicus Brief: https://www.supremecourt.gov/DocketPDF/23/23-1172/314110/20240531182554403_BcCc_Amicus%20Document%20May%2031%202024%20EFile.pdf | Supreme Court Filing
Smoke and Mirrors: New Evidence Suggests That NO Audit was Performed: https://www.thegatewaypundit.com/2023/12/smoke-mirrors-new-evidence-suggests-that-no-audit/ | The Gateway Pundit