The letter seems accurate, if the letter was written as a public records request. The Senate can now subpoena the same records using a different procedure and sending a subpoena to the private company.

That said, this response cleans up the blame game and points directly to the Maricopa County Board of Supervisors. The records are undeniably public records. If the MCBOS abandoned/surrendered/destroyed/lost public records, they can be criminally charged; most likely their contact with Dominion states that the records remain public, but only the MCBOS controls them. (Although the contract almost certainly allows Dominion to surrender the records under a valid subpoena).