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Rosert F. KEnNEpy, JR. September 27, 2016 ‘Attorney General Loretta Lynch Department of Justice 950 Pennsylvania Ave NW Washington, DC 20530 Dear Attorney General Lynch Please take this letter as a follow up to my March 22, 2016 letter to you seeking safeguards to our elections from hacking, In my previous letter, { warned of the threat to our elections from hacking by foreign governments, including Russia. Over the past several months, those warnings have been realized with the hacking of the Democratic National Committee and the election servers in both Illinois and Arizona. Our intelligence services and other cyber security experts have stated publicly that state sponsored hackers from Russia were likely responsible for these hacks. {Lam pleased to see that many of the safeguards I bulleted in my letter have been adopted by the Department of Homeland Security, including creating an election cyber security task force, working with the state election officials to conduct election security reviews, monitoring digital traffic in real time during elections to detect malicious intrusions of critical election infrastructure, and recommending that states avoid connecting their voting machines and tabulators to the Internet. In addition to those important steps, | am now urging the DOJ Voting Section to implement procedures over the next several weeks to deal with serious potential problems that may occur on Election Day, some of which could create chaos or even an electoral catastrophe such as those used to interfere with past elections in Ukraine. In 2004, hackers breached the central tabulators in Ukraine to change the votes from Victor Yushchenko to Victor Yanukovich. When recorded phone calls of the hackers were publicly released, people took to the streets, resulting in the Orange Revolution and an entirely new election. In 2014, CyberBerkut, a group of pro-Russian hackers supporting Yanukovich, infiltrated the Central Election computers on election-day, destroyed data, installed malicious software to change the totals, and conducted a massive “denial of services attack” that delayed election results for more than two hours. These examples from Ukraine are particularly relevant to our upcoming election for several reasons: * Paul Manafort, Donald Trump’s former campaign manager, was working for Victor Yanukovich from 2004 through 2014 during the time of those election manipulations; ‘© The head of Ukraine's Anti-Corruption Bureau recently revealed a secret “black ledger” listing, payments of $2 billion in cash by Yanukovich’s Party of Regions to many officials who corrupted the Ukraine etections, Mr. Manafort’s name was on that “black ledger” list as being allocated $12.7 million; Donald Trump and his team have lavished praise on Vladimir Putin and urged Russian hackers find and make public Hillary Clinton’s lost emails; ‘+ Russian hackers have demonstrated that they have the capacity to hack into our election systems to ‘manipulate the election results and unleash chaos in the process, Accordingly, I urge the DO! to take the following steps to complement the steps taken by DHS: © Echo the recommendations already made by the Department of Homeland Security in its recent directive to state election officials, + Issue a directive strongly urging all voting jurisdictions to have enough emergeney paper ballots for all voters, particularly in those jurisdictions where electronic voting systems are prone to manipulation, “denial of service attacks” and other system failures which might prevent voters from being able to cast a ballot at all; ‘+ Similarly, strongly urge all voting jurisdictions where electronic poll books are used to verify and sign in voters to have paper poll books in each precinct as a backup measure against system failure due to “denial of service attacks” and other such problems that may lead to fong lines and the inability of voters to participate in the process; ‘© Once again, implement the DOJ Election Day Program, fully staffed with both DOJ and civilian lawyers fully briefed about the threats from hacking; © Prepare these lawyers and the federal judiciary to be able to quickly respond to attacks by hackers with orders to keep the polls open, require the use of hand marked paper ballots, and require the use of hard copy poll books: * Work with state election officials to quickly create a backup system and contingency plan in the event of a hack that would include (1) a hard copy voter database list, and (2) pre-printed paper ballots that can be filled in by the voter and placed into a secure ballot Box; * Advise voting jurisdictions to publicly release and/or post precinct-based voting and results data results at the voting jurisdiction prior to transport of results and memory cards on which they are stored to the central tabulation headquarters; Issue guidance to all election jurisdictions reminding them of the need to securely store all election- related materials -- including electronic voting results and tabulation memory cards ~ for a full 22 months following the election, as per state law. In the event of questions about the reported results of the elections, access to memory cards and voting system audit logs are a key source of evidence to help forensically examine results, as well as potential manipulation or even simple system failure. Despite existing federal statutes, many jurisdictions routinely erase electronic memory cards shortly after the election, leaving it impossible for investigators to fully reconstruct elections and the potential manipulation of result * Prepare election officials and DOJ lawyers to seck and take legal action to stop any intimidation of voters, blocking of the polls, disenfranchisement, or other activities that can undermine the vote or cause voters to leave a voting station without voting + Educate election officials and the media about the need for extra scrutiny of the vote and the possibility of delays so they can prepare their staff and the public for any delays that may occur before the results are announced. Please contact me if I can be of further assistance. Sincerely, Robert F. Kennedy Jr, Ukraine Election Rigged, Nov. 28, 2004 http://www. telegraph.co.uk/news/worldnews/europe/ukraine/1477722/Revealed-the-full-story-of-the- Ukrainian-election-fraud,him! CyberBerkut Attacks Ukraine Election, June 17, 2014 http:/Awww.iri,org/resouree/es-monitor-looks-russia%E2%80%99s-cyber-attack-ukraine%4E2%80%99s- election-system Party of Regions Corrupt Payments To Paul Manfort, Aug. 14, 2016 hitp://worw.nytimes.com/20 16/0811 5/is/polities/paul-manafort-ukraine:donald-trump html https:/nabu.gov.ua/en/novyny/statement-regarding-pmanaforts-appearance-party-regions-black-ledger Interview with Ukraine Anti Corruption Head Victor Trebek, Who Released The Black Ledger Documents in Kiev, May 27, 2016 http://gazeta.dt.ua/internal/viktor-trepak-ya-peredav-do-nabu-dokazi-totalnoyi-korumpovanosti-vladi- ht Russian Hackers Responsible For Hacks On Election Systems, July 27, 2016 election sstem/201 008 ie SB fell- eG AiGe og Se story hi hitps://www.wired.com/2016/07/heres-know-russi: