Interview part 1 transcript

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Brandon: Brett, what was your role in the military, and give me a description of some of your duties?

Brett: Thank you for allowing me to share some of the things that have been happening in Hamilton County…, I’am retired after thirty years in the U.S. Army, uh, retired as a Colonel in Military Intelligence. My last assignment was Defense Intelligence Agency. I was there about the same time General Flynn, while I didn’t personally know him, I looked up to him as someone who did really good intelligence analysis. Uh, and fortunately, as part of the intel world, I flew intel aircraft a couple of years in Central America over Nicaragua and El Salvador in the Panama Invasion flying intel aircraft. Then, prior to that, I did have a year of flying along the North Korean border. I did have intel aircraft collecting, now… I was a pilot, we did have Intel Analysts in the back, and they would collect data from the North Koreans. Prior to that, I started off in the infantry, the 82nd Airborne, Airborne Ranger, that’s blessed me with a “wonderful” metal in my back and my neck from multiple jumps, but fortunately, the Good Lord blessed me. I’m healed in the sense that I’m not in pain. But, those thirty years had alot of variety, but ending up in the military intelligence. Um, basically, the group I commanded was running a data center for platforms throughout Afghanistan. The challenge you have, as we’re even seeing in our day in age in the voting world, is that there’s alot of data involved in how to manage it, in how to access it, and how to analyze it is a challenge. I had similar challenges in The Service with the data management so…

Brandon: Do you feel like that, that uh, challenge that you faced with that data gathering was something that you kind of took into your deep dive into Election Integrity?

Brett: Right! It gave me a base of understanding about Data Management. Now, I am not, a, you know, a Technician of Data Management Analysis. You can give me terabytes worth of data. Uh.. I’d still have to learn more about it, but I know what people to get, what people to learn from, what people to analyze the data. I mean, that’s how we did it in the Military. It’s just, managing information in unbelievable amounts. One mission in a platform in Afghanistan would collect terabytes worth of data. You imagine multiple missions per day, multiple platforms per day, that’s alot of data! So, what use is that data? Nothing, until you can analyze it; Until you can get the specifics on it. So, for example, our data that we managed there was where to target. We’d provide information and analyze where they were building bombs or where some terrorist activity were from the data. I mean, and that was how to drill down in the data. It’s the same in the voting world. I mean, the data, that’s accumulated after the election, is ungodly and large, but if you know what you’re looking at, and know how to parce the data, you can get to a quicker answer, than as opposed to looking like a deer in the headlight look.

Brandon: Yeah, sifting through all that data that you….

Brett: That’s what we’ve done here, but our challenge in Tennessee, not just in Hamilton County or North Georgia but throughout the country, is to try to get access to that. You know, transparency is not a thing of our voting methods this day in age.

Brandon: Yeah, we’ll get to that in just a second…

Q&A with Brett with this screenshot enclosed…

Talk about Dana Chadwell’s flippant attitude by saying she said the same thing over and over:

You also claim that HCEC is refusing the produce the below records. Though this is not a properly made request, we will assume for purposes of this response you are requesting such records. As such, see responses below:

  • Statement of Need/Work, from the Hamilton County Election Commission and/or Government.

    • These records may exist, but they are not in the custody or control of HCEC. Nothing is being withheld or produced in response to this request.

  • Proposal and/or Purchase Order/Invoice from DOMINION VOTING SYSTEMS, INC.

    • These records may exist, but they are not in the custody or control of HCEC. Nothing is being withheld or produced in response to this request.

  • The Contract Award Document to DOMINION VOTING SYSTEMS, INC. from the Hamilton County Government.

    • These records may exist, but they are not in the custody or control of HCEC. Nothing is being withheld or produced in response to this request.

Finally, we can only have “Election Integrity” when our local government is transparent in the process to award, accept, manage and enforce the multi-million dollar tax payor funded contract for voting in our elections.

  • This is not a request for documents or records under the Tennessee Open Records Act. No response or explanation is necessary.

There is nothing in my requests that would “compromise the integrity of the vote” as you stated in your response. If the HCEC believes there is then I request you specify and provide the reason why part of my FOIA/Open Records Request would “compromise the integrity of the vote.”

  • This is not a request for documents or records under the Tennessee Open Records Act. No response or explanation is necessary.

If the HCEC believes keeping such an important part of our rights as a citizen, voting, private and confidential I am both saddened and shocked.

  • This is not a request for documents or records under the Tennessee Open Records Act. No response or explanation is necessary.**

HCEC considers this Request to be complete and is therefore closing this Request.

E-mail thread with Alan Fanning

On Nov 8, 2021, at 8:29 AM, Chadwell, Dana DanaC@HamiltonTN.gov wrote:

Mr. Hale –

This email is in response to what the Election Commission considers to be your 8th request for documents under Tennessee's Open Records Act. Requests numbered 1- 7 have previously been answered either by providing you with the requested records, making the records available to you for inspection, or providing you a written denial (and the basis for such denial).

Your 8th Request now asks for clarification based upon the response to your 7th Request. As stated in the October 28, 2021 email to you, Hamilton County Election Commission has previously provided you with all records that are in HCEC's custody or control that are responsive to items 1-3 of your request and explained that requested records under item 4 are exempt from production under T.C.A. §§ 10-7-504 (a)(18), 10-7-504(i)(1)(B) and (1)(C).

Any other request you have made has not been stated with sufficient detail to enable this office to identify the specific records being requested. Any other request you believe you have made therefore has been left unanswered and has been deemed denied, as it has not sufficiently identified the specific records or has required HCEC to sort through files or compile information.

Again, Requests numbered 1 – 7 have been answered in full and are now closed. The remainder of this email is in response to your 8th Request, in which you requested the following records:

  • Statement of Work and/or Statement of Need from Hamilton County Elections (Contracting/Procurement) to Dominion Voting Systems.
    • These records may exist, but they are not in the custody or control of HCEC. Nothing is being withheld or produced in response to this request.
  • Dominion Voting Systems Inc. Purchase Order and/or Invoice with a detailed list and description of what was provided under the “MANAGED SERVICE AGREEMENT” with an effective date of March 1, 2020.
    • This was previously provided to you on October 5, 2021, and is being attached again. Nothing is being withheld in response to this request.
  • Contract Award to Dominion Voting Systems, Inc. with detailed list of equipment and training provided under the “MANAGED SERVICE AGREEMENT” with an effective date of March 1, 2020.
    • These records may exist, but they are not in the custody or control of HCEC. Nothing is being withheld or produced in response to this request.

On September 28, 2021, you were provided with the following documents, which we believed to be responsive to your Request. We are again attaching here:

  • 2020 Poll Official Manual Noting Machine Excerpt
  • Voting System Agreement between Dominion and HCEC, dated January 8, 2014
  • Managed Services Agreement between Dominion and HCEC, dated March 1, 2020
  • Exhibit B – Voting System License Agreement between Dominion and HCEC, dated January 23, 2014
  • MSA Amendment for Central Scanning, dated April 17, 2020
  • Hamilton County Resolution Approving the Purchase of voting equipment from Dominion, dated April 17, 2013

You also requested the following, and responses are also provided below:

User Guide, Technical Bulletins and Specification Sheet for the following devices or equipment:

  • ImageCast Central Kit
    • Documents that may be responsive to this Open Records Request are exempt from production under T.C.A. §§ 10-7-504 (a)(18), 10-7-504(i)(1)(B) and (1)(C). HCEC will not be producing this requested document.
  • Canon Model DR-G1130
    • Documents that may be responsive to this Open Records Request are exempt from production under T.C.A. §§ 10-7-504 (a)(18), 10-7-504(i)(1)(B) and (1)(C). HCEC will not be producing this requested document.
  • Mobile Ballot Printing (Standard)
    • Documents that may be responsive to this Open Records Request are exempt from production under T.C.A. §§ 10-7-504 (a)(18), 10-7-504(i)(1)(B) and (1)(C). HCEC will not be producing this requested document.
  • Mobile Ballot Printing (Portable high volume)
    • Documents that may be responsive to this Open Records Request are exempt from production under T.C.A. §§ 10-7-504 (a)(18), 10-7-504(i)(1)(B) and (1)(C). HCEC will not be producing this requested document.
  • Mobile Ballot Printing (In-Office high volume)
    • Documents that may be responsive to this Open Records Request are exempt from production under T.C.A. §§ 10-7-504 (a)(18), 10-7-504(i)(1)(B) and (1)(C). HCEC will not be producing this requested document.
  • EMS Standard Server Kit (R630)
    • Documents that may be responsive to this Open Records Request are exempt from production under T.C.A. §§ 10-7-504 (a)(18), 10-7-504(i)(1)(B) and (1)(C). HCEC will not be producing this requested document.
  • EMS Client Workstation Configuration Kit
    • Documents that may be responsive to this Open Records Request are exempt from production under T.C.A. §§ 10-7-504 (a)(18), 10-7-504(i)(1)(B) and (1)(C). HCEC will not be producing this requested document.
  • Adjudication Workstation Configuration Kit
    • Documents that may be responsive to this Open Records Request are exempt from production under T.C.A. §§ 10-7-504 (a)(18), 10-7-504(i)(1)(B) and (1)(C). HCEC will not be producing this requested document.

We previously produced the following manuals, and are again providing you with the following records, which we believe to be responsive to your request:

  • OKI User's Manual
  • OKI User's Guide
  • Canon User Manual (DR-G2140, DR-G211-, DR-G2090)
  • Dell Latitude 3470 Owner's Manual
  • Dell OptiPlex 5270 All-in-One Setup and Specification Guide
  • Dell OptiPlex 5270 Service Manual
  • Dell EMC PowerEdge R540 Installation and Service Manual
  • Dell Precision 3431 Small Form Factor Setup and Specification Guide

You also claim that HCEC is refusing the produce the below records. Though this is not a properly made request, we will assume for purposes of this response you are requesting such records. As such, see responses below:

  • Statement of Need/Work, from the Hamilton County Election Commission and/or Government.

    • These records may exist, but they are not in the custody or control of HCEC. Nothing is being withheld or produced in response to this request.

  • Proposal and/or Purchase Order/Invoice from DOMINION VOTING SYSTEMS, INC.

    • These records may exist, but they are not in the custody or control of HCEC. Nothing is being withheld or produced in response to this request.

  • The Contract Award Document to DOMINION VOTING SYSTEMS, INC. from the Hamilton County Government.

    • These records may exist, but they are not in the custody or control of HCEC. Nothing is being withheld or produced in response to this request.

Finally, we can only have “Election Integrity” when our local government is transparent in the process to award, accept, manage and enforce the multi-million dollar tax payor funded contract for voting in our elections.

  • This is not a request for documents or records under the Tennessee Open Records Act. No response or explanation is necessary.

There is nothing in my requests that would “compromise the integrity of the vote” as you stated in your response. If the HCEC believes there is then I request you specify and provide the reason why part of my FOIA/Open Records Request would “compromise the integrity of the vote.”

  • This is not a request for documents or records under the Tennessee Open Records Act. No response or explanation is necessary.

If the HCEC believes keeping such an important part of our rights as a citizen, voting, private and confidential I am both saddened and shocked.

  • This is not a request for documents or records under the Tennessee Open Records Act. No response or explanation is necessary.**

HCEC considers this Request to be complete and is therefore closing this Request.

All attachments may be located at the below link: https://dl3.pushbulletusercontent.com/DH4ty6HZB2cfNEgg9o0rhQMT1YtR6z4k/request%208.zip

DANA CHADWELL

Hamilton County Election Commission

700 River Terminal Road | Chattanooga TN 37406

Office Number: 423-209-VOTE | Direct Line: (423) 209-8694 | Fax: (423) 209-8686

Hamilton County Election Security Team;

I have forwarded an email request to the HCEC for the Cast Vote Record (CVR) for the November 2020 election.

It was sent from a member of the Tennessee Election Integrity Group to Mr. Nate Foster, Chief of IT for the HCEC. The request is from Alan Fanning. Some of you might have worked with him or met him at an election integrity conference in the past.

This is the group I will coordinate with to ensure we do no duplicate efforts.

Sincerely;

COL(R) Brett M. Hale
brettmhale@epbfi.com , (423) 309-9737

Begin forwarded message:

From: Alan Fanning alan2014@startmail.com Subject: Re: Open Records Request Date: July 13, 2022 at 7:44:59 PM EDT To: Vote Vote@HamiltonTN.gov Reply-To: alan2014@startmail.com

Mr. Foster,

This request is for information from the General Election held on NOVEMBER 3, 2020.

I am requesting a text, comma, or tab delimited file, or a text-based report, listing, in the sequence processed by the county, every ballot, its sequential ID, its timestamp, its method of voting (for example: in-person, mail-in, provisional, absentee, "other", etc. – any ballots that were tabulated as part of the 2020 General Election), the specific votes contained for all races, and the batch ID and tabulator ID. Should any fields not be available, please include the fields which are. To be clear, I am NOT requesting a summary report of votes, I am requesting a per- ballot report. This set of information is sometimes known as a "Cast Vote Record" (CVR), "ballot log", or a "summary of ballots". If the data exists as multiple files or reports, for instance by batch or by precinct, you do not need to aggregate them, please send the individual files. I specifically do NOT want any information that identifies a specific voter, and I guarantee and stipulate that this information will not be used for that purpose.

A report of this type would have very likely already been created when [County] County audited their election results. If not, and you are not readily familiar with how to generate this report, you can refer to the instructions outlined in Chapter 14 of the Dominion User Guide. For your convenience here are the steps:

  1. Navigate to the Actions menu, click the Export menu item and click the CVR Export sub-menu item.

  2. The CVR Export screen will appear.

  3. Select criteria for filters if applicable, or leave as ALL in case no filter is required.

  4. Perform additional settings, if applicable:

• Create separate file per batch - check this if the export should create a separate export file for each results batch being exported.

NOTE: This setting does not apply to the tabulator format, but only isused when exporting the JSON format.

NOTE: If the number of batches is larger than 100, we strongly recommend that this option is used, otherwise the resulting file could be too large to produce (depending on system and project configuration).

• Published batches - only check this if the export should only contain data from published result batches. (Please leave this unchecked)

• Use tabular format - If this option is selected the export will be in the form of a tabular text file format, which can be opened in Excel instead of the default JSON format.(Please leave this unchecked)

I would prefer the files in .JSON format (there should 16 separate JSON files, unless you choose to export separate files per batch, in which case there will be more), but if that is not possible, then the tabular format will be acceptable.

I am hopeful that there is someone within the Hamilton County Elections Commission or Board of Elections who will be able to generate the report I am looking for. Since this request is for information that will be used for educational purposes, I would like to also respectfully request that any fees be waived.

Ideally, I would like to receive the report via electronic transmission. However, if the data file is too large, and must be copied to a USB drive, I will happily supply the necessary device to the county in order to make that happen.

I would like to thank you in advance for your assistance with my request.

Sincerely,
Alan Fanning

Vote wrote on 7/8/2022 1:55 PM:

Mr. Fanning,

We cannot provide the records you request in the exact format requested. However, we can provide a copy of any non-confidential information in the SQL database that is available through existing reports in Dominion's Democracy Suite software.

Please provide some additional specificity on what exactly you are looking for, and we will do our best to provide copies of reports sufficient to show such information.

If you are looking for results from the SQL database, there are many reports that we can provide you with that shows such information.

Have a great weekend.

-----Original Message-----
From: Vote
Sent: Tuesday, June 28, 2022 10:30 AM
To: 'alan2014@startmail.com' alan2014@startmail.com
Subject: RE: Open Records Request

Mr. Fanning,

Thank you for your open records request. Per the Hamilton County Election Commission open records policy and the TN Open Records Act:

• We are permitted time to determine whether the requested records exist • To search for, retrieve, or otherwise gain access to records • To determine whether the records are open; to review and redact records, or for other similar reasons

Within seven (7) business days from the Coordinator's receipt of the request, the Coordinator shall send the Requestor a written response.

We will respond to this request within seven business days.

Have a great day.

-----Original Message----- From: Alan Fanning alan2014@startmail.com
Sent: Thursday, June 16, 2022 2:26 PM
To: Vote Vote@HamiltonTN.gov
Subject: Open Records Request

Nate Foster,

Regarding my ORR received by your office 6/3/2022, which was denied pending proof that I am a Citizen of Tennessee. Attached is a PDF of my driver license, issued in 2020 and showing my current address. Is this sufficient proof of citizenship?

Your prompt consideration will be appreciated.

Alan Fanning
219 Womac Hollow Rd.
Ten Mile, TN 37880
423-836-8866

The Chief of IT at the HCEC has stated in public meetings that were recorded the following:

“You can use the information, as someone that has worked with these machines since 2014, you can use these User Guides, because I know I read them, you can use these User Guides to identify vulnerabilities in these machines.”

“Mr. Hale is correct that everything in our User Guides is out there on the internet. We feel in the end to not give that out ourselves. Rather it is out there or not... If I were a “Bad Actor” or someone wanting to cause harm I could use the information in these guides to create a blueprint to affect elections.”

“You can go online and find so-called vulnerabilities all day. As far as an authoritative source, a legal authoritative source we have big problems with those machines ...”

Open Records/FOIA requests to the Hamilton County Election Commission’s (HCEC) and their refusals/stonewalling to provide publicly available records for the following:

voting process.

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