♪.

TED: COMING UP IN THE NEXT HOUR OF LOCAL NEWS ON ARIZONA PBS, ON "ARIZONA HORIZON," THE JOURNALISTS' ROUNDTABLE LOOKS AT, AMONG OTHER THINGS, THE U.S. JUSTICE DEPARTMENT INVESTIGATION OF THE PHOENIX POLICE DEPARTMENT.

>>> ON CRONKITE NEWS, WHY OVER 100 VALLEY DOCTORS WROTE TO GOVERNOR DUCEY ABOUT THE CURRENT MASK MANDATE IN SCHOOLS?

>>> AND ON "BREAK IT DOWN," THE POLITICIZATION OF COVID-19 VACCINATIONS.

THAT'S ALL COMING UP IN THE NEXT HOUR ON ARIZONA PBS.

ANNOUNCER: THIS HOUR OF LOCAL NEWS IS MADE POSSIBLE BY CONTRIBUTIONS FROM THE FRIENDS OF PBS.

MEMBERS OF YOUR PBS STATION.

THANK YOU.

TED: GOOD EVENING, AND WELCOME TO "ARIZONA HORIZON."

I'M TED SIMONS.

ANOTHER DAY, ANOTHER INCREASE IN ARIZONA COVID CASES.

THE STATE TODAY REPORTED OVER 2800 NEW CASES.

THAT'S 600 ABOVE THE SEVEN-DAY AVERAGE, AND THERE WERE 42 COVID RELATED DEATHS REPORTED.

THE HIGHEST ONE DAY TOTAL SINCE LATE MARCH AND PUT ARIZONA'S SEVEN-DAY AVERAGE HIGHER THAN IT'S BEEN SINCE LATE APRIL.

>>> AS FOR VACCINATIONS, THE STATE REPORTS OVER 13,000 NEW VACCINE DOSES ADMINISTERED.

53% OF ARIZONANS RECEIVED AT LEAST ONE DOSE WITH 47% FULLY VACCINATED.

BOTH OF THOSE NUMBERS IMPROVING BUT ARE BELOW NATIONAL AVERAGES.

INDEED HALF OF THE U.S. IS FULLY VACCINATED AGAINST COVID AND THE CDC SAYS THE PACE OF VACCINATION SAYS AS HIGH AS IT'S BEEN IN OVER A MONTH.

THIS IS AS A NEW CDC STUDY SHOWS PEOPLE WHO HAVE HAD COVID AND RECOVERED, REDUCED CHANCES OF GETTING COVID AGAIN BY HALF, IF THEY GET VACCINATED.

>>> FALLOUT OVER LAST NIGHT'S ARREST OF DEMOCRATIC STATE SENATOR TONY NAVARETTE ON SUSPICION OF MULTIPLE ACCOUNTS OF SEX WITH A MINOR.

THE ALLEGATIONS ARE, QUOTE, SERIOUS AND DEEPLY TROUBLING ADDING THEY DON'T HAVE DETAILS AND THE, QUOTE, REFRAIN FROM FURTHER COMMENT.

PHOENIX POLICE SAY THE ALLEGED INCIDENT OCCURRED IN 2019.

>>> AND NATIONAL NEWS, ENCOURAGING JOB GROWTH NUMBERS RELEASED TODAY AS THE UNEMPLOYMENT RATE DIPPED TO 5.4%, LOWEST IN 16 MONTHS.

PAYROLLS INCREASED BY 900,000 IN JULY.

THE BEST SHOWING IN NEARLY A YEAR.

THE PENT-UP DEMAND IS FUELING THE GROWTH IN HIRING BUT THERE IS CONCERN A RESURGENCE OF COVID DRIVEN BY THE DELTA VARIANT COULD DISCOURAGE SOME OF THOSE UNEMPLOYED FROM RETURNING TO WORK.

>>> TIME FOR THE JOURNALISTS' ROUNDTABLE, AND A BUSY WEEK IN THE NEWS, WE WELCOME JEREMY DUDA OF THE "ARIZONA MIRROR" AND LUIGE DEL PUERTO OF THE "ARIZONA CAPITOL TIMES."

A LOT TO TALK ABOUT.

JEREMY, START WITH YOU, AND TONY NAVARETTE, A DEMOCRATIC STATE SENATOR.

WE DON'T KNOW MUCH HERE, WHAT DO WE KNOW?

>> WHAT WE KNOW IS SENATOR NAVARETTE REPRESENTS PHOENIX, WEST VALLEY AREA.

HE WAS ARRESTED ON SEVERAL COUNTS OF SEXUAL MISCONDUCT WITH A MINOR, FROM AN ALLEGED INCIDENT THEY SAY OCCURRED IN 2019.

PHOENIX POLICE SAID THEY'VE SPOKEN WITH THE ALLEGED VICTIM IN A WITNESS.

WE REALLY DON'T KNOW MUCH MORE THAN THAT.

MORE DETAILS WILL BE FORTHCOMING.

WAITING TO SEE WHAT'S HAPPENED.

RIGHT NOW, WE KNOW THOSE ARE THE CHARGES, THE BROAD ALLEGATIONS AND HIS CAUCUS, OTHER MEMBERS OF THE LEGISLATURE ARE WAITING TO SEE, WAIT FOR MORE DETAIL TO MAKE A JUDGMENT HERE.

TED: LUIGE, TONY NAVARETTE, I THINK HE WAS IN THE HOUSE BEFORE HE MADE IT TO THE SENATE, TRUE?

>> THAT'S CORRECT, YES.

TED: WHAT DO WE KNOW ABOUT HIM?

IS HE KNOWN FOR LEGISLATION?

IS HE PART OF THE CAUCUS?

>> TONY NAVARETTE IS A VERY PROGRESSIVE DEMOCRAT.

HE'S CHAMPIONED VOTING RIGHTS, FOR EXAMPLE, LGBTQ RIGHTS AS WELL.

THE FACT OF THE MATTER IS THIS IS THE FIRST TIME ANY KIND OF A CONTROVERSY REALLY SURROUNDING TONY NAVARETTE THAT WE'VE ENCOUNTERED.

TED: WE'VE GOT TO LEAVE IT AT THAT, WE PROBABLY DON'T KNOW AND LEARN MORE LATER TODAY WHEN MORE OF THE POLICE REPORT IS AVAILABLE.

>>> LET'S GET TO THE JUSTICE DEPARTMENT INVESTIGATION.

THE U.S. JUSTICE DEPARTMENT INVESTIGATION OF PHOENIX POLICE.

THE ANNOUNCEMENT YESTERDAY WITH U.S. ATTORNEY GENERAL MERRICK GARLAND MADE THAT ANNOUNCEMENT.

AND HERE IS THE ATTORNEY GENERAL EXPLAINING JUST EXACTLY WHAT THE JUSTICE DEPARTMENT WILL BE LOOKING AT.

>> INVESTIGATION IN PHOENIX WILL BE LED BY THE JUSTICE DEPARTMENT CIVIL RIGHTS DIVISION.

IT IS BASED ON THE DIVISION'S EXTENSIVE REVIEW OF PUBLICLY AVAILABLE INFORMATION AND IT WILL CONSIDER SEVERAL ISSUES.

FIRST, WHETHER THE PHOENIX POLICE DEPARTMENT USES EXCESSIVE FORCE IN VIOLATION OF THE FOURTH AMENDMENT.

SECOND, WHETHER THE PHOENIX POLICE DEPARTMENT ENGAGES IN DISCRIMINATORY POLICING PRACTICES THAT VIOLATE THE CONSTITUTION AND FEDERAL LAW.

THIRD, WHETHER THE DEPARTMENT VIOLATES THE FIRST AMENDMENT BY RETALIATING AGAINST INDIVIDUALS WHO ARE ENGAGED IN PROTECTED EXPRESSIVE ACTIVITIES.

FOURTH, WHETHER THE CITY AND POLICE DEPARTMENT RESPOND TO PEOPLE WITH RESPONSIBILITIES IN A MANNER THAT VIOLATES THE AMERICANS WITH DISABILITIES ACT.

THIS INCLUDES WHETHER DECISIONS TO CRIMINALLY DETAIN INDIVIDUALS WITH BEHAVIORAL HEALTH DISABILITIES ARE PROPER.

AND FIFTH, WHETHER THE PHOENIX POLICE DEPARTMENT VIOLATES THE RIGHTS OF INDIVIDUALS EXPERIENCING HOMELESSNESS BY SEIZING AND DISPOSING OF BELONGINGS IN A MANNER THAT VIOLATES THE CONSTITUTION.

TED: ALL RIGHT, JEREMY.

WHAT DO WE MAKE OF THIS?

IS THIS SOMETHING THE BIDEN ADMINISTRATION WAS WAITING TO DO BECAUSE OBVIOUSLY THE TRUMP ADMINISTRATION WAS NOT GOING TO DO ANYTHING ON THIS.

THAT WAS HAPPENING HERE ON THE CHANGE OF ADMINISTRATION'S CHANGE OF FOCUS?

>> DEFINITELY.

THIS ISN'T THE FIRST INVESTIGATION UNDER THE BIDEN ADMINISTRATION INTO THE MAJOR CITY POLICE FORCE AS FOLLOWED, SIMILAR PROBES IN MINNEAPOLIS AND LOUISVILLE, BOTH WHICH FOLLOWED SCRUTINY HIGH-LEVEL POLICE KILLINGS OF PEOPLE LAST YEAR.

PHOENIX POLICE, I DON'T THINK THEY'VE BEEN NATIONALLY ON THE RADAR QUITE AS MUCH, BUT LOCALLY, YOU TALK TO ACTIVITIES, FOLKS WHO PAY A LOT OF ATTENTION TO THAT THING, A LOT OF ISSUES.

A VERY DEADLY POLICE DEPARTMENT, 2018, THEY KILLED MORE PEOPLE THAN ANY OTHER POLICE DEPARTMENT IN THE COUNTRY.

OBVIOUSLY, THERE'S A LOT OF ISSUES INVOLVING THE GEORGE FLOYD PROTESTS LAST YEAR.

TRUMPED-UP CHARGES, MOST OF THE FOCUS WITH THE COUNTY ATTORNEY'S OFFICE.

THERE'S A CLASS-ACTION LAWSUIT ALLEGING AGAINST BOTH THE COUNTY ATTORNEY'S OFFICE AND PHOENIX PD HOW THEY ENDED UP ARRIVING AT THE CHARGES THAT HAVE BEEN DISMISSED.

THERE HAVE BEEN ISSUES PEOPLE WANTED SCRUTINY FOR AND THIS IS THE CULMINATION OF IT.

TED: WHAT DO YOU THINK, LUIGE?

>> THE DEMOCRATS IN THE ARIZONA LEGISLATURE PUSHED FOR LEGISLATION TO PUT MORE ON THEIR SIDE ON THE POLICE, NOT JUST THE CITY OF PHOENIX, BUT GENERALLY BROADLY SPEAKING, BUT ULTIMATELY THEY HAVE IT IN MIND.

NONE OF THIS LEGISLATION WENT ANYWHERE, AND HOUSE MINORITY LEADER REGINALD BOLDING, CRITICAL OF THE PHOENIX PD, IN A STATEMENT SAID, THIS IS A CRITICAL STEP TOWARDS RESPONSIBILITY, PERSISTENT MISCONDUCT THAT HAS GONE UNCHECKED FOR TOO LONG.

THE DEMOCRATS REPRESENT BOLDING WITH POLICE OVERSIGHT AND NONE OF THIS LEGISLATION, THE MAJOR ONES, NONE OF THEM PASSED THIS YEAR.

TED: YEAH, WE MENTIONED CHANGE OF ADMINISTRATION, FOCUS ON THE JUSTICE DEPARTMENT.

STILL IN ALL, WAS THIS A SURPRISE?

>> THERE HASN'T BEEN AS MUCH SCRUTINY NATIONALLY ON THE PHOENIX POLICE AS OTHER PLACES SUCH AS MINNEAPOLIS OR LOUISVILLE WHERE THE KILLINGS THAT ROCK THE COUNTRY OCCURRED, BUT CONSIDERING SOME OF THE ISSUES THAT THEY'VE BEEN DEALING WITH LOCALLY THE PRESSURE THEY'VE BEEN UNDER, NOT ENTIRELY A SURPRISE BUT WAS A BOMBSHELL, AND WE'LL HAVE TO TAKE A WHILE TO SEE HOW THIS SHAKES OUT, BUT COULD LEAD TO MAJOR CHANGES DEPENDING WHAT THE PROBE FINDS.

TED: GOOD POINT.

LUIGE, THIS COULD TAKE A WHILE TO SHAKE OUT, COULDN'T IT?

>> IT WOULD TAKE QUITE AWHILE.

IN THEORY, THE D.O.J., AND PHOENIX WILL TAKE TIME TO INVESTIGATE, INTERVIEW WITNESSES ON BOTH SIDES, AND COME UP WITH A REPORT.

WE'LL LEARN MORE ABOUT -- WE'LL HAVE A BETTER UNDERSTANDING OF THE D.O.J.

'S VIEW OF WHAT'S GOING ON IN THE PHOENIX PD.

I DO WANT TO MENTION, THE CITY OFFICIALS ARE COOPERATING.

PHOENIX LAW ENFORCEMENT ASSOCIATION, THE UNION, SAYS IT WILL FULLY COOPERATE WITH THE FEDERAL INVESTIGATION.

TED: ALL RIGHT, LET'S MOVE ON AND TALK ABOUT MASKS IN SCHOOLS.

JEREMY, SEEMS LIKE EVERY DAY YOU WAKE UP AND ANOTHER SCHOOL DISTRICT SAYS THAT LAW YOU PASSED REGARDING NO MANDATES, WE'RE GOING TO GO AHEAD AND MANDATE FOR NOW.

TALK TO US ABOUT IT.

>> THE OPERATIVE PHRASE IS FOR NOW.

THE STATE LEGISLATURE AND GOVERNOR DUCEY PASSED A LAW IN THE LONG RUNNING LEGISLATIVE SESSION THAT PROHIBITS SCHOOL DISTRICTS FROM REQUIRING PEOPLE TO WEAR MASKS.

PROBLEM FOR THEM IS THAT THIS LAW DOES NOT GO INTO EFFECT UNTIL SEPTEMBER 29, ANYTHING THAT DOESN'T PASS WITH A SUPER MAJORITY DOESN'T GO INTO EFFECT UNTIL 90 DAYS AFTER THE LEGISLATIVE SESSION ENDS.

SEVEN SCHOOL DISTRICTS HAVE SAID, HEY, WE CAN DO THIS RIGHT NOW.

THERE'S A RETRO ACTIVITY CLAUSE IN THE LAW, ONCE IT GOES INTO EFFECT, IT'S RETROACTIVE TO JUNE 30.

I'M NOT ENTIRELY SURE HOW THAT'S A THING.

IF THAT'S SOMETHING YOU CAN DO, THERE'S NO POINT IN HAVING THE 90-DAY EFFECTIVE THING IN THE FIRST PLACE.

RIGHT NOW, REGARDLESS OF WHAT RETROACTIVITY CLAUSE SAYS, THAT LAW IS NOT IN EFFECT RIGHT NOW, AND THE SCHOOL DISTRICTS ARE TAKING ADVANTAGE OF THAT.

>> RIGHT, IT'S WEIRD THE WAY IT WORKS, IF YOU LOOK AT A TIMELINE EXAMPLE, IT'S NOT IN EFFECT RIGHT NOW, BUT STARTS WHEN IT IS IN EFFECT BUT COVERS THE PERIOD WE'RE DOING RIGHT NOW.

IN THEORY, AND AGAIN THERE'S A LOT OF CONFUSION OVER THIS ONE.

IN THEORY, IF YOU'RE BREAKING THE LAW THAT TAKES EFFECT SEPTEMBER 29, BY THE TIME IT TAKES EFFECT, YOU'VE BROKEN THE LAW.

THERE IS A CASE FILED AGAINST PHOENIX UNION SCHOOL DISTRICT.

THERE'S A TEACHER THERE WHO SAYS THE PHOENIX UNION IS VIOLATING THE LAW BY IMPLEMENTING A MASK MANDATE AND ASKING FOR A TEMPORARY RESTRAINING ORDER AND OBVIOUSLY, THE COURT DID NOT RULE ON THAT ONE, COULD HAVE BUT DID NOT.

IT MEANS FOR NOW, THE SCHOOL DISTRICTS ARE IN DEFIANCE IN THE VALLEY, AND IF YOU WILL, ARE KIND OF ALLOWED TO DO SO.

TED: WE SHOULD MENTION THE JUDGE IN THE CASE WANTS TO HEAR MORE EVIDENCE NEXT WEEK.

>> THAT'S CORRECT.

TED: AND REAL QUICKLY, JEREMY, AS WE FIND OUT THAT BROPHY PREP, THE PRIVATE SCHOOL, THEY ARE GOING TO REQUIRE MASKS AND VACCINATIONS, AND THAT WAS OF NOTE BECAUSE THAT'S WHERE THE GOVERNOR SENT HIS KIDS WHEN THEY WENT TO SCHOOL?

>> INTERESTING ISSUE WITH THIS IS THE PRIVATE SCHOOLS ARE NOT BOUND BY THE RULES, I BELIEVE.

WHILE THE SCHOOL DISTRICTS, THE CHARTER SCHOOLS, PRIVATE SCHOOLS HAVE MORE LEEWAY.

>> RIGHT, ON THAT NOTE, SCHOOL DISTRICTS, CHARTERS AND TRADITIONAL SCHOOLS ARE IN BETWEEN A ROCK AND A HARD PLACE.

THEY WANT TO IMPOSE A MASK MANDATE.

THEY SEE THE EFFECTIVENESS OF HAVING MASKS, BUT YOU KNOW, SOME OF THE CHARTER SCHOOLS, FOR EXAMPLE, ARE FORCED TO SAY WE STRONGLY RECOMMEND TO PARENTS TO HAVE YOUR CHILDREN WEAR A MASK TO SCHOOL INSTEAD OF BEING ABLE TO JUST IMPOSE THAT MANDATE, AND THEY POINT OUT IN LETTERS TO PARENTS VERY STRONGLY, THEY WANT TO DO THIS BUT COULDN'T BECAUSE OF THE LAW.

TED: YEAH, YEAH.

JEREMY, THE SENATE -- WE GOT TO GET TO THE SELF-STYLED AUDIT, WE'VE BEEN DOING IT EVERY WEEK.

>> AND WE'LL BE DOING IT EVERY WEEK FOR A WHILE.

TED: THERE'S A TEMPORARY RESTRAINING ORDER INVOLVED IN THIS CASE AND NEW NEWS ON THIS, CORRECT?

>> A LITTLE BIT.

THE JUDGE IN THIS PUBLIC RECORDS LAWSUIT, THE LEFT LEANING NONPROFIT GROUP SUED OVER PUBLIC RECORD.

WE'VE HAD A LOT OF PUBLIC RECORDS REQUESTS DENIED BY THE STATE SENATE OVER STUFF THAT SENATE PRESIDENT FANN SAYS WE DON'T HAVE THE RECORDS, ONLY THE CONTRACTORS AND SUBCONTRACTORS HAVE THOSE.

THEY'RE NOT PUBLIC RECORDS, THEY ARE BETWEEN VENDORS AND SUBCONTRACTORS, PAYMENT RECORDS IN TERMS OF WHO'S GIVING MONEY, WHO'S GET PAID HOW MUCH?

WE DID SEE NUMBERS VOLUNTARILY TURNED OVER BY THE CYBER NINJAS CONTRIBUTING ALL THE MONEY, 5.7 MILLION FROM PRO-TRUMP GROUPS SPREADING FAKE NEWS ABOUT THE ELECTION FRAUD AND SOME CASES ATTEMPTING TO OVERTURN THE ELECTION RESULTS IN SOME STATES, INCLUDING OUT HERE.

BUT MOST OF THE RECORDS ARE STILL HIDDEN AND OBSCURED FROM THE PUBLIC, SO THE JUDGE SAID THAT DOESN'T MATTER THAT THE SENATE DOESN'T HAVE THE RECORDS, THEY ARE PUBLIC RECORDS, PUBLIC BUSINESS THAT HAS TO BE TURNED OVER.

THE SENATE ASKED FOR TEMPORARY RESTRAINING ORDER, THE JUDGE SAYS NO, THAT WILL GO TO THE COURT OF APPEALS WHILE THE CASE IS APPEALED.

TED: LUIGE, THE JUDGE SAID THIS WAS A QUOTE, WILLFUL BLINDNESS IS NO EXCUSE.

BASICALLY SAYING THESE ARE PUBLIC RECORDS, GET THEM.

>> LAST TIME I WAS ON THE SHOW, THERE WAS A POINT, I THINK THAT'S THE POINT EVERY JOURNALIST FROM THIS SHOW MADE, THESE ARE PUBLIC RECORDS.

THE NEXT IS THE RECORD HAS TO BE PUBLIC RECORD REGARDLESS OF FORMAT, WHETHER E-MAIL OR ELECTRONIC FORM, AND NOW THE JUDGE IS EFFECTIVELY SAYING REGARDLESS WHO HAS THAT PHYSICAL CUSTODY OF THE PUBLIC RECORD, DOESN'T MATTER WHETHER THE SENATE HAS IT OR VENDORS HAS IT.

DOESN'T MATTER.

IT'S PUBLIC RECORD, TURN IT OVER.

THE OTHER ARGUMENT ON THE SENATE IS THIS IS PRIVILEGED COMMUNICATION AND IF AN ATTORNEY FILED, OR WILL FILE A SPECIAL ACTION TO LEAVE, ARGUING THAT THIS IS AN EXTRAORDINARY INCURSION INTO THE CIVIL AFFAIRS OF THE BRANCH IN THE SENATE LEADING THE COURT INTRUDING INTO THE AFFAIRS OF THE LEGISLATIVE BRANCH.

THAT'S THE ARGUMENT BY THE ATTORNEYS.

AND THE PRESUMPTION IS THE SENATE LOSES THERE, THEY'RE GOING TO APPEAL IT ALL THE WAY TO THE SUPREME COURT.

TED: YEAH, YEAH, AND LET'S TALK ABOUT ANOTHER SITUATION INVOLVING SUBPOENAS, THE COUNTY DEFYING EXPERIENCE, DOMINION VOTING SYSTEMS SAYS YOU KNOW WHAT YOU CAN DO WITH YOUR SUBPOENAS HERE.

SUNNY BORRELLI WANTS THE ATTORNEY GENERAL TO LOOK INTO THIS.

I DON'T KNOW IF WE HEARD BACK FROM THE ATTORNEY GENERAL'S OFFICE, JEREMY.

DANA GURU OVER AT ABC 15 HAS DONE WORK ON THIS AS WELL.

TALK TO US ABOUT THE SUBPOENAS, THE INFORMATION, WHAT THE SENATE WANTS AND WHAT THE COUNTY SAYS, A, SOME OF THAT WE DON'T HAVE, AND, B, WE CAN'T GIVE THAT TO YOU, THAT'S A LOT OF PRIVATE INFORMATION IN THERE.

>> A LOT HAPPENING HERE, THE ORIGINAL SUBPOENAS OR THE SECOND ROUND OF SUBPOENAS ISSUED IN JANUARY, THE COUNTY TURNED OVER MOST OF WHAT THE SENATE ASKED FOR, BUT A COUPLE FEW THINGS THEY DIDN'T.

THEY WOULD NOT TURN OVER THE ROUTERS THAT A NUMBER OF OTHER AGENCIES INCLUDING THE SHERIFF'S OFFICE USE AND WOULD NOT TURN OVER ADMINISTRATIVE PASSWORDS BY THE TABULATING MACHINES, THEY SAID WE DON'T HAVE THOSE, WE DON'T NEED THOSE AROUND ELECTIONS SO THEY DON'T GIVE THOSE US TO.

SENATE PRESIDENT FANN AND JUDICIARY COMMITTEE CHAIRMAN WARREN ISSUED SUBPOENAS TO THE SENATE AND DOMINION, WHICH IS INTERESTING, THEY'RE A PRIVATE COMPANY ASKED TO TURN OVER INTELLECTUAL PROPERTY AND BOTH OF THEM TOLD SENATE TO POUND SAND.

DO YOU NOT HAVE THE AUTHORITY TO ASK US FOR US.

THE SENATE SAID WE DON'T THINK THIS IS A GOOD IDEA TO DO THIS AND WE DON'T THINK YOU CAN ENFORCE IT SO WE'RE NOT GOING TO GIVE IT TO YOU, EVEN THE JUDGE SAID IT IS LEGAL AND SENATOR BORRELLI, BIG AUDIT SUPPORTER FILED A SUIT WITH THE AG'S OFFICE AGAINST CITIES THAT VIOLATE STATE LAW, AND THIS IS A VERY NOVEL USE OF THAT LAW BUT IT MAY WORK BECAUSE IT COVERS ANY OFFICIAL ACTION THAT A GOVERNING BODY OR A CITY DOES, VIOLATES STATE LAW.

TED: WHAT DO YOU THINK, LUIGE?

>> IT'S QUITE INTERESTING, AS JEREMY POINTED OUT, THE COURTS HAVE WEIGHED IN ON THIS ISSUE AND DECIDED AND CONCLUDED THAT EFFECTIVELY THAT LEGISLATURE SUBPOENA AUTHORITY, THEY CAN SUBPOENA GOVERNMENT ENTITIES FOR THE RECORDS.

AND, IN FACT, IN EVERY MAJOR CASE THAT HAS TO DEAL WITH THE SUBPOENA AND THE LEGISLATURE SUBPOENA AUTHORITY, THE LEGISLATURE WON THIS CASE.

NOW, OF COURSE, AS JEREMY POINTED OUT, THE COUNTY IS ARGUING THAT CONFIDENTIAL INFORMATION, THERE'S A SECURITY RISK IF YOU PROVIDE ROUTERS.

MY FEELING IS THE SENATE WILL PREVAIL AND THE COURTS WILL FAVOR THE SENATE AND SAY IT IS SUBJECT TO SUBPOENA.

WHEN IT AM CAN -- COMES TO DOMINION, I DON'T SEE HOW THE SENATE CAN PROVIDE THAT INFORMATION.

WE'RE GOING TO SEE HOW.

TED: YOU AND THE DATA GURU, WHAT DID YOU ARGUE?

>> THEY DON'T WANT TO TURN IT OVER TO THE AUDIT TEAM.

WE HAD DOUG LOGAN, HEAD OF CYBER NINJAS GIVE A BRIEFING TO PRESIDENT FANN AND SENATOR PETERSON WHERE, THEY SAID AMONG OTHER THINGS THERE ARE 74,000 VOTES THEY FOUND THAT MAY NOT HAVE BEEN VALID BECAUSE THEY WERE MAIL-IN VOTES, NO RECORD OF THEM BEING SENT OUT.

THEY'RE PEOPLE WHO VOTED EARLY IN PERSON ON DAYS WHERE THE COUNTY DID NOT DISTRIBUTE REPORTS ON THAT, AND THEIR ARGUMENT WAS WELL, THE COUNTY WON'T COOPERATE AND GIVE US THE INFORMATION.

TURNS OUT THEY HAD THE RECORDS THAT WOULD HAVE TOLD US EVERYTHING.

GARRETT ARCHER IS THE DATA GURU, FOUND OUT PRETTY MUCH ALL 74,000 OF THE NAMES ARE ON MORE COMPREHENSIVE RECORDS SHOWING THEY VOTED EARLY IN PERSON AND DOUG LOGAN, THE LEADER OF THIS QUOTE, UNQUOTE AUDIT, DID NOT LOOK AT RECORDS WHICH WOULD BE NEGLIGENT OR SIMPLY NOT HONEST WHAT WAS IN THEM.

BOTH OF THOSE ARE DISCONCERTING IN TERMS OF WHAT THESE PEOPLE'S FINDINGS ARE ULTIMATELY GOING TO BE.

TED: DISQUIETING TO SAY THE LEAST.

GREAT WORK, BY THE WAY.

JEREMY DUDA AND LUIGE DEL PUERTO.

THANK YOU SO MUCH.

>> THANK YOU.

TED: COMING UP AFTER THE BREAK, A LOCAL FIREFIGHTER TIRED ON GOING ON RESCUE CALLS DEVOTES HIS TIME OFF TO HELP SAVE KIDS FROM DROWNING.

>> I WAS LIKE THIS IS RIDICULOUS.

THERE'S A NEED FOR MORE SWIM INSTRUCTORS TO HELP SAVE KIDS HERE IN THE VALLEY.

.

TED: AFTER YEARS OF GOING ON RESCUE CALLS, PHOENIX FIREFIGHTER JAIME CANEDO DECIDED TO START TEACHING SWIMMING LESSONS TO HELP PREVENT KIDS FROM DROWNING, PRODUCER QUINTERO AND PHOTOGRAPHER SAM MENA HAVE THE STORY.

>> THE POSSIBILITY OF KIDS DROWNING IN THEIR BACKYARD IS A BIG FEAR, THEY SAY.

HOWEVER, ONE FIREFIGHTER IS ABLE TO MAKE A DIFFERENCE, RIGHT FROM A BACKYARD POOL.

>> I'M READY FOR YOU.

>> THE MOST GRATIFYING PART IS WATCHING THAT PROCESS FROM DAY ONE WHERE THEY ARE SCREAMING, THEY'RE CRYING.

THEY DON'T KNOW HOW TO SWIM, THEY'RE MECHANIC, THEY'RE JUST REALLY STRUGGLING TO WHERE DAY FIVE, DAY SIX, NOW THEY'RE SWIMMING, NOW THEY'RE HAPPY.

SOMETIME NOT ALWAYS HAPPY, BUT THEY'RE AT POINT WHERE WE KNOW, I KNOW, AND THE PARENTS KNOW THAT NOW THEY'RE SWIMMING STRONG ENOUGH TO SAVE THEMSELVES IF THEY GET THEMSELVES IN A SITUATION WHERE THEY ACCIDENTALLY FALL IN OR HAVE ACCIDENT IN THE POOL THAT THEY NEED TO SWIM THEMSELVES TO SAFETY OR PERHAPS ROLL OVER ONTO THEIR BACK AND FLOAT UNTIL SOMEONE CAN FIND THEM.

>> GOOD BOY!

GOOD BOY!

THAT'S AMAZING.

>> Reporter: FOR CANEDO IT'S NOT ABOUT TEACHING KIDS TO HAVE FUN IN THE WATER, IT'S ABOUT TEACHING SURVIVAL SKILLS.

AFTER 20 YEARS OF SERVING IN THE PHOENIX FIRE DEPARTMENT AND GOING ON A FEW RESCUE CALLS, HE KNEW HE COULD USE HIS TIME OFF TO MAKE A DIFFERENCE.

>> WE WERE HAVING DROWNINGS, SO MANY, EVERY TIME I WAS ON SHIFT, I WOULD HEAR ONE IF NOT TWO DROWNING CALLS.

WERE THEY TRUE DROWNINGS WHERE THE CHILD DID NOT MAKE IT?

NOT SURE.

BUT THEY KEPT GOING ON.

I WAS LIKE, THIS IS RIDICULOUS.

THERE'S A NEED FOR MORE SWIM INSTRUCTORS TO HELP SAVE KIDS IN THE VALLEY.

>> Reporter: CANEDO'S ROLE IN THE FIRE DEPARTMENT PLAYED A PART IN THE PARENTS' DECISION TO SIGN THEIR KIDS UP FOR CLASSES.

>> HOW MUCH SAFER HAVING A FIREFIGHTER HELP YOUR KID OUT.

AND MY SON SAYS IT'S COOL, SAYING A FIREFIGHTER IS TEACHING ME TO SWIM, BUT REALLY, YOU CAN'T GET MUCH SAFER THAN THAT.

>> Reporter: THE PARENTS ARE AMAZED TO SEE THEIR KID'S PROGRESS FROM DAY ONE TO A FEW LESSONS IN.

>> I DON'T KNOW HOW TO DESCRIBE IT.

SUPER AMAZING.

IT'S GOOD TO KNOW THEY'RE CONFIDENT IN THE WATER, THEY'RE OKAY WITH SWIMMING AND DON'T NEED ANYTHING TO SUPPORT THEM WITH FLOATIES.

THEY CAN SWIM ON THEIR OWN.

THEY HAVE THE CONFIDENCE AND THE SKILL.

IT'S REALLY LIKE AN EASE OF MIND.

>> Reporter: A 2017 STUDY BY THE UNIVERSITY OF MEMPHIS SHOWS THAT 40% OF WHITE CHILDREN IN THE UNITED STATES CAN'T SWIM.

45% OF HISPANIC CHILDREN CAN'T SWIM, AND 64% OF BLACK CHILDREN CAN'T SWIM.

CANEDO IS HOPING TO EXPAND HIS BUSINESS TO HELP THOSE DIFFERENT COMMUNITIES.

>> I SEE A NEED TO CONTINUE TO REACH OUT TO UNDERSERVED COMMUNITIES, KIDS, ESPECIALLY WHAT WE'VE GONE THROUGH IN THE LAST YEAR, PEOPLE LOSING JOBS AND EVERYTHING ELSE.

KIDS IN PLACES THAT ARE JUST NOT AS FORTUNATE AS OTHER PARTS OF THE VALLEY.

I SEE A HUGE NEED FOR THAT BECAUSE THOSE ARE KIDS THAT WE'RE NOT REACHING, SO HOPEFULLY IN THE NEAR FUTURE I'LL BE ABLE TO DO THAT IN THESE UNDERSERVED COMMUNITIES AND CONTINUE TO DO MORE COMMUNITY OUTREACH.

>> WHETHER THEY'RE FROM UNDERSERVED COMMUNITIES OR NOT, CANEDO STRESSES THE IMPORTANCE OF CONTINUING TO SUPERVISE YOUR KIDS AND WORK WITH SWIMMING SKILLS AFTER THEY'RE EXPERIENCED?

>> 3, 2, 1, HERE I COME!

>> AS MUCH AS I DO HERE TO MAKE THESE KIDS CONFIDENT, STRONG SWIMMERS, I TELL THE PARENTS IT STARTS WITH YOU, FIRST.

IT STARTS WITH YOU.

>> MY GOODNESS!

I ALMOST CAUGHT YOU.

GOOD JOB, HIGH-FIVE.

TED: THEY CAN HELP KEEP KIDS SAFE AT HOME BY FENCING AND GATING POOLS, INSTALLING CHILD-PROOF LOCKS, BLOCKING DOGGIE DOORS AND SETTING GROUND RULES SO CHILDREN KNOW TO STAY AWAY FROM THE WATER.

THAT IS IT FOR NOW.

I'M TED SIMONS.

THANK YOU FOR JOINING US.

YOU HAVE A GREAT WEEKEND.

.

>>> COMING UP IN THE NEXT HALF HOUR OF LOCAL NEWS ON ARIZONA PBS.

ON CRONKITE NEWS, MORE REACTION FROM CITY OFFICIALS ON THE DEPARTMENT OF JUSTICE INVESTIGATION ON PHOENIX POLICE.

>>> AND ON "BREAK IT DOWN" THE POLITICIZATION OF COVID-19 VACCINATIONS.