Exhibit 28

Exhibit 29
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REDACTED IN ITS ENTIRETY
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REDACTED IN ITS ENTIRETY

NOT CITED IN BRIEF

Exhibit 334
Exhibit 335
 CERTIFICATE OF SERVICE
I, Brian E. Farnan, hereby certify that on March 7, 2023, a copy of the

foregoing document was served via LexisNexis File&Serve on the following:

Blake Rohrbacher John L. Reed

Katharine L. Mowery Ronald N. Brown, III
Angela Lam DLA PIPER LLP (US)
RICHARDS, LAYTON & FINGER, P.A. 1201 North Market Street, Suite 2100
920 N. King Street Wilmington, DE 19801
Wilmington, DE 19801

/s/ Brian E. Farnan

Brian E. Farnan (Bar No. 4089)
Exhibit 336
 Exhibit
2620
11/16/2022
How will Georgia's recount work?
latime com/politic / tory/2020 11 09/republican official counter fal e claim of election fraud

By Jenny Jarvie, Seema Mehta Nov. 9, 2020 7:46 PM PT November 10, 2020

Gabriel Sterling, who manages Georgia’s voting system, pushed back on Trump’s unsubstantiated
claims of election fraud Thursday in Atlanta.

(Megan Varner/Getty Images)

ATLANTA — 
Georgia’s too-close-to-call presidential contest devolved into a fight Monday among
Republicans as the state’s top election official rejected calls from its two U.S. senators that he
resign for challenging President Trump’s unsubstantiated claims of voter fraud.

Monday morning, Gabriel Sterling, a lifelong Republican who manages Georgia’s voting
system, took to a lectern at the Capitol to plainly and matter-of-factly dismiss criticism of
election illegalities in the Southern battleground state as “fake news” and “disinformation.”

“Hoaxes and nonsense,” Sterling said. “Don’t buy into these things. Find trusted sources.”

1/5
Hours later, GOP Sens. David Perdue and Kelly Loeffler — who are each in a Jan. 5 run-off
that will determine control of the chamber called on Sterling’s boss, Republican Secretary
of State Brad Raffensperger, to resign for allegedly mismanaging the state’s elections.

“That is not going to happen,” Raffensperger said.

Georgia’s 16 electoral votes are no longer key to deciding the election. Democrat Joe Biden
has already secured 290 electoral votes — 20 more than needed to win the White House.

With Biden leading Trump in Georgia by more than 12,000 votes 0.25% of the total
Republicans in the state are nevertheless locked in a civil war as the presidential race heads
for a recount. The upheaval shows how Trump’s persistent and unfounded claims of fraud
and refusal to concede the election to Biden are dividing not just the country but his own
party.

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The back and forth began Monday morning when the secretary of state’s office held one of its
regular news conferences, with Sterling updating reporters on the status of the vote count
and debunking false information.

But this time, he went to greater lengths to push back on claims of election fraud.

“The facts are the facts, regardless of outcomes,” Sterling said.

“Our job is to get it right for the voters and the people of Georgia and for the people of the
United States to make sure the outcomes of these elections are correct and trustworthy,” he
added. “At the end of the day — no matter which side of the aisle you’re on, no matter which
candidate you supported — you can have trust and believe the outcome of these things.”

Within a few hours, Perdue and Loeffler, eager to stoke Trump supporters ahead of January’s
election, called on Raffensperger to resign.

“We believe when there are failures, they need to be called out — even when it’s in your own
party,” Perdue and Loeffler said in a joint statement. “The Secretary of State has failed to
deliver honest and transparent elections. He has failed the people of Georgia, and he should
step down immediately.”

Raffensperger, in turn, was quick to respond.

“The voters of Georgia hired me, and the voters will be the one to fire me” Raffensberger said.

“Was there illegal voting?” he added. “I am sure there was. And my office is investigating all
of it. Does it rise to the numbers or margin necessary to change the outcome to where
President Trump is given Georgia’s electoral votes? That is unlikely.”

2/5
Before long, Georgia Gov. Brian Kemp, a former secretary of state, entered the fray.

“Given the close outcome and the record number of mail in and absentee ballots cast in this
election, this needs to be a wake up call to the Secretary of State’s office to take a serious look
at any allegations that have been made,” said Cody Hall, press secretary for Kemp.
“Georgians deserve to have full confidence in the outcome of our elections.”

It could be weeks before Georgia completes its recount. A candidate can request a recount
only after election results are certified. Individual counties have until Friday to certify their
results and then the secretary of state must certify the statewide results by Nov. 20.

Recounts rarely change election outcomes.

In more than 5,500 statewide elections since 2000, the group FairVote reports that there
were 31 recounts. Three overturned the results of an election.

There have been two statewide presidential recounts in that same period the 2000 Florida
recount in the contest between Republican George W. Bush and Democrat Al Gore and a
Wisconsin recount requested by Green Party candidate Jill Stein in 2016. In both cases, very
few votes shifted and the original winner remained the victor after the recount.

Over the last few days, Republicans in a number of battleground states have found
themselves in the uncomfortable position of pushing back as Trump and his supporters have
raised allegations of election fraud without evidence: faulty machines and middle-of-the-
night ballot dumps, missing military ballots and votes coming in after legal deadlines.

After Trump and other GOP groups filed a barrage of lawsuits alleging fraud in the closely
contested states of Georgia, Michigan, Nevada and Pennsylvania — most of which have been
dismissed thousands of Trump loyalists gathered at state capitols across the nation over
the weekend to hold “Stop the Steal” rallies.

In Arizona, Republican Gov. Doug Ducey counseled fellow Republicans last week to not jump
to conclusions until there’s a final outcome. “We’re following established Arizona election law
to the letter,” Ducey said.

But perhaps nowhere has the debate been as heated as in Georgia a state Democrats have
not carried in nearly 30 years — where Republicans filed a lawsuit the day after the election
to prevent the “unlawful counting of ballots received after the election” in Chatham County,
which includes Savannah. The petition was dismissed the next day by a state judge who
found no evidence to support the claims.

UPDATED Nov. 9, 2020 | 9:04 PM

Georgia is headed for a recount.

3/5
President Trump is refusing to concede the election to President-elect Joe Biden and is
making unsubstantiated claims of fraud.

Trump has vowed to seek a recount in Wisconsin, and Georgia state officials have said the
race there is close enough to trigger a recount. Recount rules vary by state. (States begin
certifying results on Tuesday with most doing so later in the month.)

What are Georgia’s rules governing a recount?

Do recounts usually change the outcome?
What is the current vote tally?
How long will it take?
How will the recount occur?
Georgia’s secretary of state’s office has in the past faced scrutiny in tight elections.

In 2018, Democrats accused Kemp, who was then secretary of state, of voter suppression in
the run-up to his gubernatorial race against Democrat Stacey Abrams. After Kemp won by
just 1.4 percentage points, Abrams refused to concede, accusing Kemp’s office of “gross
management.”

This year is different, though, as Georgia’s Republican election officials field fierce criticism
from their own party.

Over the last week, Sterling, who as a student interned on Newt Gingrich’s recount effort and
went on to be state political director for George H.W. Bush and Dan Quayle, has assured
Georgians of the integrity of the electoral process.

On Monday,

he said, there were no software issues with the state’s new Dominion voting system. Although
there were earlier reports from Michigan, which uses the same machines, of a glitch or
software problem, what actually happened there was that a clerk in a small Michigan county
made a simple reporting error under trying circumstances.

Reports of thrown-out ballots in a dumpster in Spalding County, he said, were also false.
After a video circulated on social media claiming to show people apparently dumpster diving
for thrown-out ballots, the state sent investigators. They found no ballots, just empty security
envelopes.

Reports of almost twice as many ballots cast in Gwinnett County as the overall vote were also
false, he said. Under the National Voting Rights Act, the rapidly diversifying county has to
use two languages Spanish and English and that doubles the number of pages on their
ballots. The system reported ballots cast when it actually meant pages scanned.

Politics

4/5
Trump slows Biden transition with denials, lawsuits

Nov. 9, 2020

Although Sterling said he understood that some Republicans were upset with the outcome,
he insisted nobody should be surprised that the race was tight — not after Kemp narrowly
beat Abrams in 2018.

“There’s been a description that Georgia suddenly flipped from Republican for years to
Democrat,” he said. “None of this is sudden. None of this is really overly surprising to the
pundits to track what’s going on in Georgia. And I don’t think you can say it’s a massive flip
with Biden leading by about 10,353 votes.” (The total has increased since Sterling spoke.)

Sterling said the state probably would find that some people did vote illegally or cast their
vote twice.

“That will be found,” Sterling said. “Is it 10,353? Unlikely.”

Seema Mehta
Seema Mehta is a political writer who is covering the 2022 midterm
elections that will determine control of Congress. She started at the Los
Angeles Times in 1998, previously covered multiple presidential, state and
local races, and recently completed a Knight-Wallace fellowship at the
University of Michigan.

5/5
Exhibit 337
 Exhibit
2621
11/16/2022
This Election Result Won’t Be Overturned
w j com/article /thi election re ult wont be overturned 11605134335

November 11, 2020

2731

Joe Biden supporters celebrate in Times Square in New York, Nov. 7.Photo: Niyi Fote/Zuma
Press
It has been an eventful, unsettling year: A deadly virus struck without warning and claimed
almost a quarter-million American lives; a lockdown demolished personal routines and left
us gasping for normality; a sudden, deep recession snatched newfound prosperity from many
families; and now a rocketlike recovery lifts up some but leaves many on the launchpad. So
why not finish out 2020 with a misforecast election as the finale?

Pundits predicted a blue tsunami of historic proportions that would carry Democrats into the
White House, flip the U.S. Senate, increase Speaker Nancy Pelosi’s caucus by as many as 20
seats, and transform a basketful of red-state legislatures into blue ones just in time for
redistricting in 2021. Well, the White House changed hands. But none of the rest happened.

1/3
The final RealClearPolitics average of polls predicted Joe Biden would win the popular vote
by 7.2 percentage points. Nate Silver of FiveThirtyEight.com put Mr. Biden’s likely margin at
8 points. The Cook Political Report had it at “more like 9 or 10 points.” As of Wednesday,
with some ballots yet to be counted in California and New York, President Trump trailed Mr.
Biden by 3.3 points.

Voter turnout was up. Once everything is counted, the turnout rate will likely reach 66.5%,
the highest since 1908’s barnburner between William Howard Taft and William Jennings
Bryan. But the nature of this enthusiasm differed by party. The Fox News Voter Analysis
found 51% of Biden supporters voted more against Mr. Trump than for the Democratic
candidate, while 79% of Mr. Trump’s backers voted more for him than against Mr. Biden.

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Mr. Trump also won 26% of nonwhite voters, according to NBC’s exit poll, driving
commentators on the left crazy. One described these voters as “distracted.” A New York
Times columnist found it “personally devastating” that many blacks and gays voted for the
president. Rep. Maxine Waters (D., Calif.) warned that black male Trump voters “have a
price to pay for years to come.” This is what passes for liberal tolerance.

Still, enough voters wanted change. Mr. Biden maneuvered successfully to make the election
a referendum on the president’s personality and his handling of Covid. For months Mr.
Trump was content to fight on that turf, trying only fitfully to contrast his agenda with his
challenger’s.

Presidents win re-election only in part by heralding their achievements and outlining second-
term agendas; much more depends on contrasting their opponent’s values and views with
their own. That Mr. Biden’s margin of victory was much slimmer than projected can be
credited partly to Mr. Trump’s emphasis in the closing days on their substantive differences—
discussing fracking in Pennsylvania and toleration of socialism in Miami. But it wasn’t
enough.

Mr. Trump is now pursuing legal challenges in Pennsylvania, Wisconsin, Michigan, Arizona
and Nevada, and there will be an automatic recount in Georgia, given Mr. Biden’s 0.29-point
lead there. Senate Majority Leader Mitch McConnell is correct that Mr. Trump is “100%

2/3
within his rights” to go to court over concerns about fraud and transparency. But the
president’s efforts are unlikely to move a single state from Mr. Biden’s column, and certainly
they’re not enough to change the final outcome.

There are only three statewide contests in the past half-century in which recounts changed
the outcome: the 1974 New Hampshire Senate race, the 2004 Washington governor’s
contest, and the 2008 Minnesota Senate election. The candidates in these races were
separated, respectively, by 355, 261 and 215 votes after Election Day.

These margins aren’t much like today’s. Mr. Biden led Wednesday in Wisconsin by 20,540
votes, Pennsylvania by 49,064, Michigan by 146,123, Arizona by 12,614, Nevada by 36,870
and Georgia by 14,108.

To win, Mr. Trump must prove systemic fraud, with illegal votes in the tens of thousands.
There is no evidence of that so far. Unless some emerges quickly, the president’s chances in
court will decline precipitously when states start certifying results, as Georgia will on Nov.
20, followed by Pennsylvania and Michigan on Nov. 23, Arizona on Nov. 30, and Wisconsin
and Nevada on Dec. 1. By seating one candidate’s electors, these certifications will raise the
legal bar to overturn state results and make it even more difficult for Mr. Trump to prevail
before the Electoral College meets Dec. 14.

TV networks showed jubilant crowds in major cities celebrating Mr. Biden’s victory; they
didn’t show the nearly equal number of people who mourned Mr. Trump’s defeat. U.S.
politics remains polarized and venomous. Closing out this election will be a hard but
necessary step toward restoring some unity and political equilibrium. Once his days in court
are over, the president should do his part to unite the country by leading a peaceful transition
and letting grievances go.

Mr. Rove helped organize the political-action committee American Crossroads and is
author of “The Triumph of William McKinley” (Simon & Schuster, 2015).

Advertisement - Scroll to Continue

Wonder Land: Want to know why no one will give an inch in 2020? Revisit Bush v. Gore in the 2000
election. Images: Newsmakers/Getty Images Composite: Mark Kelly

Appeared in the November 12, 2020, print edition as 'This Election Result Won’t Be
Overturned'.

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Exhibit 338
Exhibit 339
Exhibit 340
Exhibit 341
 Exhibit 342

THIS DOCUMENT IS CONFIDENTIAL AND FILED UNDER SEAL.

ACCESS IS PROHIBITED EXCEPT BY PRIOR COURT ORDER.
THIS DOCUMENT IS CONFIDENTIAL AND FILED UNDER SEAL.
ACCESS IS PROHIBITED EXCEPT BY PRIOR COURT ORDER.
THIS DOCUMENT IS CONFIDENTIAL AND FILED UNDER SEAL.
ACCESS IS PROHIBITED EXCEPT BY PRIOR COURT ORDER.
THIS DOCUMENT IS CONFIDENTIAL AND FILED UNDER SEAL.
ACCESS IS PROHIBITED EXCEPT BY PRIOR COURT ORDER.
THIS DOCUMENT IS CONFIDENTIAL AND FILED UNDER SEAL.
ACCESS IS PROHIBITED EXCEPT BY PRIOR COURT ORDER.
Exhibit 343
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