AlamogordoTownNews.com Settlement Agreement Executed between EchoMail and Otero County

As thousands of travelers trapse the byways to come enjoy the beauty of Otero County and Alamogordo this weekend, and the spectacle of the Thunderbirds and other awesome displays of military pride at Holloman Airforce Base’s Air Show, the murmurs of spectacle also are running amuck around Couy Griffin and a planned Monday May 9th “Special Meeting” of the Otero County Commission. 

In a news article released by The Paper, Tierna Unruh-Enos is the publisher at The Paper.

In an article Published May 5th, 2022, at 2:27 pm it suggests that “EchoMail has canceled the contract with the county and finds NO Election Fraud.”

“The “audit” of the 2020 general election in Otero County is facing a setback. According to the Otero County Attorney RB Nichols, the software company EchoMail has canceled the contract with the county. EchoMail was given the contract by Otero County at the urging of a volunteer group of citizens called the New Mexico Audit Force. The group is led by former NMSU professor David Clements and his wife Erin Clements.

In January, the Otero County Commission approved an election audit contract of $49,750 with EchoMail. The EchoMail software has been used in other election audits such as the ones in Maricopa County, AZ, led by the Cyber Ninjas. Election officials in Maricopa disputed nearly every claim found in the audit.

Contract for Services Not Rendered

EchoMail received its first payment of $24,875 from Otero County in February per the terms of the contract. On March 17, the House Congressional Oversight Committee launched an investigation into the Otero County audit and the EchoMail contract. That same day, EchoMail demanded that the balance of the contract be paid in full after turning in a 13-page document of charts and graphs with no actual analysis. The County disputed the claim, saying that they didn’t receive the services they paid for. On April 15, EchoMail returned $15,125 to the county and canceled the remainder of the contract.

Legal documents show that EchoMail contended that it had completed its contract and found no election fraud as a result of its services.

County Commissioner Couy Griffin has scheduled a special commission meeting on Monday, May 9 to discuss the audit — and to propose getting rid of voting machines in the county.”

Questionable Donations

Since the cancellation of the contract, New Mexico Audit Force has been left to its own devices to complete the audit and analysis on its own. They are not contracted by the county, nor are they a registered business in the state of New Mexico.

Couy Griffin has already gone on the defensive with a tweet to discredit the story and promising a spectacle at Monday’s Commission meeting.

In the meantime, the commission needs to tread lightly to prevent the county from having to expend taxpayer funds to defend its actions in hearings before the courts and or before Congress. 

As the Santa Fe New Mexican has reported, “Complaints of harassment and intimidation by volunteers going door to door in Otero County as part of a group that says it’s auditing the county’s 2020 presidential election results prompted Secretary of State Maggie Toulouse Oliver and Attorney General Hector Balderas to issue a voter risk advisory”

Otero County is under investigation after spending $50,000 on election audit by various legal entities and may have to defend its actions in court or via fines.

In the US Congress the House Oversight Committee has launched an investigation into a partisan ballot review in Otero County, New Mexico, where an “audit force” is going door to door and questioning voters.

The Committee is investigating whether the company’s audit and canvass in New Mexico illegally interferes with Americans’ right to vote by spreading disinformation about elections and intimidating voters,” House Oversight Committee Chairwoman Carolyn Maloney, N.Y., and Jamie Raskin, Md., the chairman of the subcommittee on civil rights and civil liberties, wrote in a letter addressed to V.A. Shiva Ayyadurai, the founder of EchoMail.

According to an article released today by Daily Beast; “The audit came under state and federal scrutiny after EchoMail’s CEO and allies were found to have promoted wild election conspiracy theories. But after a financial dispute with the county, EchoMail packed its bags up early.

“EchoMail fulfilled their obligations under the Contract and found No Election Fraud as a result of their services,” EchoMail’s attorney told The Daily Beast via email.”

All the rhetoric aside; the facts are that a Settlement Agreement has been executed between the County of Otero, New Mexico and EchoMail signed by the CEO of EchoMail and the County Chairperson of Otero County.

A Settlement Agreement has been executed by EchoMail and Otero County ending the relationship and with a demand for a refund for failing to deliver services agreed upon. 

A copy of the signed and executed settlement agreement is contained below…

https://agendasuite.org/iip/otero/file/getfile/23035

Let’s hope Monday’s Special Commission Meeting does not become the national news spectacle that it potentially could. 

Let’s hope rhetoric is kept at bay and the real spectacle reported is the results of a successful Air Show this weekend with 1000’s of happy shoppers spending many dollars in Otero County and contributing positively to growth and prosperity of this beautiful community. 

Let’s put our best foot forward daily, for a county that works together for mutual prosperity, and happiness, where positivity prevails, so too comes integrity in governance and in its people. 

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Couy Griffin Guilty 1 Count, Acquitted on 1 Count

The elected New Mexico, Otero county commissioner and pro-Trump grass-roots group leader was convicted at bench trial by a Trump-appointed judge. He was acquitted of a second count of disorderly conduct

An elected Republican county commissioner representing  Otero County, New Mexico  posted a video on Facebook of himself on the inauguration stage within the barricaded perimeter of the Capitol grounds during the Jan. 6 riot that forced the evacuation of lawmakers meeting to certify Joe Biden’s election victory. Griffin, 48, turned down an offer to plead to a lesser charge and probation, waived a trial by jury and bet his freedom on a bench trial that started Monday before U.S. District Judge Trevor N. McFadden of Washington.

The conviction gave the Justice Department its second victory at trial in the Capitol riot probe, affirming its decision to level misdemeanor charges punishable by up to one year in jail against hundreds of defendants. A jury earlier this month found a Texas militia movement recruiter, Guy Reffitt, guilty of five felonies, including obstruction of an official proceeding, witness tampering and interfering with police in a riot.

Donald Trump who injured scores of police, ransacked Capitol offices and caused Congress to evacuate as it met to confirm the 2020 election results, Griffin was not accused of violence or entering the building — one of the few such defendants among more than 750 people federally charged in the Capitol siege investigation.

Defense attorneys David B. Smith and Nicholas D. Smith have said U.S. authorities targeted Griffin for prosecution based on his protected speech. McFadden rejected that contention, finding that Griffin’s alleged leadership role, more blatant conduct and position as an elected official might rationally merit different handling by prosecutors.

McFadden, a 2017 Trump appointee, said video showed Griffin climbing over a stone wall marking the Capitol’s security perimeter, walking over other plastic mesh fencing and metal bicycle rack barriers that had been pushed down, and spending more than an hour on the front railing of the inaugural stage with a bullhorn.

The law requires that offenders act knowingly to disrupt a government proceeding. Griffin was recorded saying that he thought Vice President Mike Pence had already acted and that the certification was over at the time, McFadden said. Prosecutors said that Congress was only in recess and still in session to certify the election, and their evidence showed that members of the crowd around Griffin were chanting “Decertify!” even as their presence delayed Congress’s return to vote until that evening. However, McFadden found that although Griffin “could have thought business was still taking place, . . . the burden was on the government” to prove it beyond a reasonable doubt.

The judge set sentencing for June 17, after his attorney, Nicholas Smith, declined the judge’s offer to immediately sentence Griffin on Tuesday.

Upon Griffin’s return he faces two new lawsuits filed against him in New Mexico, one calling for his removal from office and one for campaign finance violations.

We requested a statement from Mr. Griffin and have not received one as yet. If he provides us commentary we will update the article upon receipt. 

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