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The Libertarians were in court yesterday, pressing the State Department on the BIOS password breach reported last week. The Court took the matter under advisement and will issue an order "in due course."
Ashe was in the courtroom, and captured the major exchanges in real time over on X. the thread has been laid out below, so check it out if you missed it and let us know your thoughts about this case in the comments!
Most importantly:
Denver District Court, the Honorable Kandace C. Gerdes presiding in Case No. 24CV33363, LPCO & Wiles vs. Griswold & Beall.
The petitioners @James4Peace_ & @Hannah4Liberty along with counsel @GaryDFielder present. 2 attys for SecState also present.
Set to begin in ~20 minutes.
Colorado Deputy Secretary of State Chris Beall has entered the court room.
There is a technical issue with the WebEx/livestream so hasn’t started yet.
All rise!
First order of business: In courtroom observation limit is reached. We are packed in.
The court is reading her order for courtroom conduct now.
Emergency motion to intervene by Mr. Justice.
Petitioners have no objection, Respondents object, stating generalized grievance.
Mr. Justice is speaking now — intervening as an elector and asking for a different remedy.
The court has reviewed Rule 24(a)(2) and the emergency verified petition to intervene by Mr. David Justice.
The court notes that on page 8 of 9, the intervenor requests SecState must direct the clerks to conduct a specific analysis prior to certification, following a hand count.
The court notes that Mr. Justice’s remedy differs from the petitioner. Respondent argued against the requested remedy, citing Risk Limiting Audit.
Court denies Mr. Justice’s motion to intervene.
Fielder asks if Clay Parikh can listen as an expert witness. SecState will object to Parikh as an expert, but fine with him listening.
Attorney General’s office is a part of the SecState litigation team, a paralegal from AG office is present.
The three attorneys representing the SecState are entirely from the AG office. Reminder that Chris Beall was outside counsel for SecState from the AG office prior to becoming Deputy SecState.
Court allows Parikh plus respondent witnesses Rudy and Edelman from SecState to watch via WebEx.
Fielder making opening remarks now. Summarizing the impacts of passwords from 63 of 64 counties. “Unprecedented, meaning, I haven’t found any precedent for what has happened here.”
Citing the specific statutes alleged to be violated. You can read the complaint here:
READ: Libertarian Party of Colorado vs. Secretary Griswold & Deputy Secretary Beall - Colorado Free PressWe recommend reading the full complaint to fully grasp the massive scandal on display with Colorado's 2024 election.https://coloradofreepress.com/read-libertarian-party-of-colorado-vs-secretary-griswold-deputy-secretary-beall/
“We’re not really talking about certification” — talking about decommissioning the breached devices. “Fair and accurate vote count.”
Any device subject to a live password breach implicates the devices in the county more broadly.
Fielder now discussing the deception of SecState — not revealing to clerks or public until after story broke. #coverup
Respondents are giving their opening remarks now.
“This issue, no one takes more seriously than the Secretary and the Deputy Secretary.”
Passwords are now obsolete — they have been changed.
Our position is SecState is in strict compliance with the rules promulgated by SecState.
I’m not kidding — she literally just said that.
Requested remedy would create chaos in all 64 counties. Now stating that they don’t believe the court has the authority to order such injunctive relief.
Now arguing that petitioners didn’t test the components post brief so they don’t know what they’re talking about and have no personal knowledge.
Asks that Court immediately find it lacks jurisdiction. Court declines and will allow the petitioners to make a record.
Fielder calls Hannah Goodman, she is sworn.
Goodman: Here as a voter, a CD4 candidate, and chairman of LPCO. LPCO is running 24 candidates in this election, for federal, state, and local offices across Colorado.
Goodman speaking about candidate strategy and the importance of sound data for the execution of LPCO strategy.
No further questions. Cross examination now.
Cross: You don’t have any evidence of fraud or personal knowledge of the breach being exploited (paraphrased). Respondent counsel points out that Goodman lost her prior election. No further questions.
Fielder calls Colonel Shawn Smith (USAF, retired), he is sworn in.
Talking about October 23, 2024 — this was the last day that Smith downloaded the Voting Systems Inventory file from secstate website.
Smith testified he downloaded the file 30-40 times.
Smith was downloading the file prior to June. It was always a PDF. Changed to XLS in August 2024. On October 24, 2024, Smith noticed hidden worksheets in the file.
Smith describing the file and the data fields included, including the BIOS Password column. Smith has the file with him.
Smith: File saved by Edward Morgan on the 25th of June.
These are complete BIOS passwords for systems used by both Dominion & ClearBallot.
Smith stating his background testing critical infrastructure for DOD.
“Were you concerned?”
Objection! Lack of foundation.
Counsel approaches.
Objection sustained.
Fielder laying additional foundation now.
Objection sustained, Fielder is laying additional foundation now.
Objection leading! Overruled
Fielder moves to admit Smith as an expert. AG’s office requests voir dire. Judge allows it.
AG: “Have you ever testified as an expert on electromechanical voting systems in Colorado?”
Smith: “There aren’t electromechanical voting systems in Colorado.”
The gallery giggles.
Court is reprimanding the gallery after three audible laughs. One more time and the court will clear the gallery.
Voir dire complete, government objects to his acceptance as an expert, the court overrules the objection and Smith is admitted as an expert.
Smith now testifying to the impact of BIOS password breach and what it allows a user to do. Change passwords, change the boot sequence, override pwds, add or remove users, etc.
“Immense amount of attack vectors.”
Paraphrasing: “is physical access required?”
“It depends on the configuration of the system.”
Wireless devices present in at least 15 counties (every county smith has checked). We are told wireless is turned off in the BIOS. If you have the BIOS pwd, you can turn it back on.
Smith identified 664 components currently in use in 63 of 64 counties. Las Animas only county without BIOS passwords listed.
Note: The passwords were not all for devices still in use. Smith assessment is still underway.
Hillary Rudy and Ben Edelman from SecState have just arrived in the courtroom.
Fielder is questioning Smith about his declaration following an sustained objection for leading.
Foreign adversaries like China are scanning websites every day looking for changes. Smith has no doubt that such adversaries are aware of the changes to SecState website — as its US critical infrastructure.
Fielder moves to admit the XLS spreadsheet with the passwords, the affidavit, and the declaration.
The court declines to admit the spreadsheet, admits the affidavit and declaration.
Cross examination: You have no personal knowledge that the breach was exploited?
I do not.
No further questioned. Smith is excused.
Fielder calls Clay Parkih, being sworn in now.
Parikh providing his expertise: certified ethical hacker, certified hacking forensic investigator, 9 years in the voting systems testing labs — testing electronic voting equipment.
Parikh has been admitted as an expert in Alabama, Pennsylvania, Arizona, etc.
Fielder moves to admit Parikh as an expert. AG request voir dire.
State’s position appears to be that Parikh is not Colorado specific. Parikh reinforces that his work is specific to the Voting System Testing Labs.
Parikh: “I hacked into the Mesa County system and turned it into a virtual machine.”
*clarifies “image” not “system.”
Secretary objects to Parikh being admitted as an expert witness, calling him a generalist and not Colorado specific.
Court declines to admit Parikh as an expert stating he doesn’t have Colorado specific knowledge. Fielder attempting to lay additional foundation.
Fielder renews request to admit Parikh as an expert. State objects and wants to continue voir dire.
Secretary renews objection. Fielder response — BIOS passwords are not specific to Colorado. Impacts not specific to Colorado.
Court permits witness to testify but not as an expert witness.
Parikh: The BIOS password is the first layer of security. It doesn’t matter if it’s is a voting system, a healthcare system, or a defense system. The BIOS password enables “literally a thousand things you can do — undetected.”
With a BIOS password, I could make it look like it was on/off. The BIOS cannot be trusted once the password is breached. You have no way of detecting via the logs if the BIOS was accessed. They cannot conclusively tell you there wasn’t a breach.
“Changing the password is irrelevant at this point.”
Counsel: “Were these partial passwords?”
Parikh: “They were full BIOS passwords.”
Does changing the passwords remedy the vulnerability in the BIOS?
Objection! Foundation!
Sustained, rephrase the question.
AG repeatedly objecting to Parikh testifying about sufficiency of password changes completed by SecState.
“Calls for expert testimony.”
Judge repeatedly sustaining objections.
Is there a risk of compromising the voting systems in Colorado?
Yes.
(Weird no objection on that…)
No further questions. State declines to cross. Parikh is excused.
Fielder requests a quick break.
Court is in recess until 4pm.
Quick note: previously noted Ben “Edelman” will testify for SecState. Misstated name - it’s Ben Edelen. Apologies.
Still in recess.
Judge calls counsel to sidebar. We are now back on the record.
There will be no more breaks.
Fielder calls CO Deputy SecState Chris Beall to the stand.
Fielder asking Beall about his domains of authority — where is he the decision maker.
BEALL TESTIFIES HE HAS NEVER SEEN THE SPREADSHEET.
Beall: “It’s accurate to say I wish it hadn’t happened… I would not, however, call it a security breach.”
Beall: Spreadsheet uploaded on June 21, taken down on October 24.
“We were in the process of assessing how to deal with it” when COGOP made the situation public.
Oct 29, we already had staff in the field conducting regular visits to counties…
34 counties had active passwords (released) for machines that were currently in use.
Would you agree that the passwords were published?
Beall (paraphrasing): I agree they were there and that our staff had to put them there; but the word published implies intent.
Fielder now having Beall read through the emergency rules passed last week.
“Secretary of State is a term of art in our rules, it refers to the office.”
Four exhibits placed before Beall. First one (last week’s rules - exhibit 5) is admitted.
The remaining three exhibits are Election orders re: Tina Peters case in Aug 2021. Questioning about these now.
Reading the Mesa County specific orders from 2021 where SecState prohibited the use of Mesa county equipment after BIOS passwords released.
Beall asked about current breach: “We are in the process of investigating but we’re talking about thousands of hours of video.”
Moves to admit exhibits.
No objection; the exhibits are admitted.
Fielder is out of time. Cross by AG, Fielder will have an opportunity to redirect, but otherwise his time is up.
State now asking Beall how current breach is different than Mesa county breach.
Investigating a breach is a lengthy process. They’re doing it now.
State is attempting establish differences between Mesa county (Aug 2021) and current breach.
State claims security protocols were substantially different. More security now — as a result of Mesa county. Beall is opining on the robust nature of rulemaking.
Beall confirms there was no active election during August 2021.
Note that this password exposure was live during two active elections.
No further questions. Fielder to redirect.
Fielder: Can you state that no unauthorized person has accessed the voting systems.
Beall: I have no information that they haven’t or that they have — in the process of evaluating that.
Fielder rephrases — can you assure no unauthorized access?
Beall: I cannot.
Technicians: 22 OIT technicians visited 9 counties. At least 9 SecState experts as well.
46 counties in question. 12 determined no risk (not using the same machinery). 34 counties remained that were exposed via this breach.
255 pieces of machinery in 34 counties.
Have all the logs been reviewed?
Beall: we’re still getting the logs; investigation is in process.
You can understand why the public is concerned?
Beall: I can understand. But the hard work and dedication of the election officials means that the concern is unwarranted. (Paraphrasing)
Beall confirms the county password is different than BIOS.
Beall dismissed. State calls Hillary Rudy from SecState.
Rudy: Deputy Elections Director in CO, held position since 2013. Rudy has worked for 6 SOSes, going back to 2006.
Rudy’s duties include training county staff and making sure they follow the rules.
Notably, Hillary Rudy was appointed as a babysitter in Elbert this cycle.
Rudy’s CV submitted into evidence as Exhibit A.
Going through third party associations to which Rudy belongs. “National Association of Elections Officials” and the specific certifications that Rudy obtained from the third party association.
State moves to qualify Hillary Rudy as an expert in Election Administration in Colorado.
Fielder voir dire: Are you testifying on technical specifics?
Objection!
Rephrasing.
No further questions and no objection. Rudy admitted as an expert.
Logic and accuracy test conducted ahead of early voting. Rudy doesn’t remember the exact dates.
Rudy: The election begins with the certification of ballot contents. Includes lots of chains of custody. Rudy now repeating the security measures listed in Jena’s press release.
24 hour video surveillance being stated as a security measure. Recall that the prior witness, Beall testified that they haven’t been able to review the thousands of hours of footage.
Rudy: Machines cannot be connected to the internet because of the air gap and because of connecting them to the internet is prohibited.
Incredible.
Rudy confirming what we’ve been saying over @ColoFreePress: “Two sets of passwords” and “partial passwords” is a word game by SecState.
They are different passwords for different purposes held by different people. The breach involved complete bios passwords, not partial pwds.
State is going deep into the risk limiting audit.
“We have never found that the voting system improperly interpreted voter selections.”
There has never been a statewide hand count. It would be too complicated, per Rudy.
Colorado law currently requires nearly every county to use the voting systems.
NOT ALLOWED TO HAND COUNT.
Ms Rudy you’re a voter in a Colorado, right? Do you have confidence in the voting system?
“Yes.”
Cross examination by Fielder: asking about LAT and Trusted Build.
Objection on bios passwords happening in Trusted Build. Outside the scope.
Overruled.
Yes, bios changed in trusted build.
Fielder probing machines can’t connect to the internet vs. they are prohibited from being connected to the internet.
Rudy: Yeah, they could, but we prohibit it.
Now probing on bios passwords impacts on those other security protocols.
Rudy: I have no knowledge of how to hack to the systems.
Now probing on networking within the county.
Larger counties have more equipment than smaller counties.
“Some components of the system are connected to each other.”
How long have you been with SecState?
Since 2006.
The counties used to have the bios passwords?
Yes.
How long ago was that?
I don’t know.
Redirect by state on Rudy.
Confirms that the two passwords are separate.
What’s the purpose of having two passwords?
Checks and balances.
Did you observe any evidence that both passwords were used?
I’m not aware of any evidence of that.
Rudy is excused. State calls Ben Edelen.
Edelen is the CISO of the State Department. He has held this position for two months.
Prior he was CISO in Boulder County and City of Boulder.
Highest cyber security role in the SecState. Has a small team.
Says he has only been at SecState for two months and his primary role to date has been to learn about their security.
Edelen was visiting counties with his boss (not sure who that is) and they changed passwords and checked logs while “in the field.”
Observed no unauthorized access.
No further questions.
Cross examination.
Fielder: “Have you ever worked on a voting system before?”
Edelen: “No”
He’s the CISO…
Edelen claims the wireless networking devices were physically removed from the equipment.
Note: If they did this, it would likely make the machines illegal for use. Any changes to hardware or software configuration of a certified system would require assessment to determine whether additional testing was required and would require a written certification of the modification by the SecState.
Edelen confirmed that he did not check the logs, only the settings, when they changed the passwords re: this breach.
He confirmed under oath that he cannot confirm changes to the BIOS. He didn’t check.
Edelen is excused, closing arguments now.
Fielder:
(1) Determine that a breach of duty has or will occur.
(2) Machines need to be taken out of use.
(3) Hand count in the 34 impacted counties.
(4) SecState (office) be removed from oversight.
(5) SecState emergency rules made null and void.
Fielder is done.
SecState/AG:
Petitioner focusing on August 2022 is instructive. Shows that the SecState has been confronted with serious security breaches and has proven they take breaches seriously.
Claiming SecState has taken the same steps in this case.
Arguing that they didn’t “knowingly” release them — it was an accident.
No one has investigated this besides themselves.
They changed the passwords — everything is fine.
Huge feat accomplished in one week. Recall that Beall testified they’re still investigating.
Now claiming that petitioners are “fear mongering,” by mentioned foreign adversaries like Russia and China.
Just ignore CISA’s recent publication that Iran and China are actively trying to interfere with the election.
🤯🤯🤯
They are still pushing “we took immediate action.”
They were caught in the middle of a coverup and now they’re claiming the petitioners are fear mongering.
Astounding.
Petitioners are asking the court to ignore the presumption of regularity — officials are presumed to be acting in good faith. Even when they are caught in the middle of a cover up.
State just claimed the two passwords are like a self deposit box and have to both be used at the same time.
That’s false.
State now says that any threat from the exposure of the BIOS passwords is a “boogie man.”
The State Dept CISO is nodding along.
HFS.
The court will issue a written order in due course.
We are adjourned.
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