Justice Department Subpoenas L.A. Election Officials
Federal attorneys have ordered Los Angeles County election staff to testify in court on November 4, just one day after voters cast their ballots.
By Aiko Petrov ·
The U.S. Department of Justice has intensified its legal pressure on California election officials by issuing subpoenas to staff in Los Angeles County.
On Oct. 21, attorneys sent three subpoenas to employees of the Los Angeles County Registrar-Recorder's office. The documents require these individuals to appear in court on Nov. 4, which is the day after the general election. The federal team is seeking records and communications from July and October. Those earlier letters contained federal allegations regarding noncitizens on state voter rolls. The subpoenas also request details on how the county screens for unlawful voting by noncitizens and any efforts to prevent such votes from being counted.
All four U.S. attorneys in California issued the subpoenas. This information comes from a person familiar with the matter who spoke on the condition of anonymity because the investigation is ongoing. Dean Logan, the Los Angeles County registrar, responded to the move by saying, "threats and intimidated have no place in elections."
This legal action occurs while a separate court battle is underway. The Trump administration has sued to force California to set aside up to 20,000 ballots. The administration suspects these ballots went to noncitizens and wants them held until citizenship is verified. On Tuesday, U.S. District Judge David O. Carter rejected that request. On Thursday, he appointed special master Daniel B. Garrie to evaluate the federal claims. Carter stated that Garrie will develop the factual record for the court.
During a Tuesday hearing, Carter explained the need to vet the federal list of over 20,000 alleged noncitizen voters. He noted that both sides agree the list includes an unspecified number of citizens. Carter also indicated that the special master could investigate California's claim that it cannot logistically separate the ballots in time for the county certification deadline on Dec. 3. The federal government has contested that logistical assertion.
The 20,000 names on the Justice Department's list represent a small fraction of California's 23 million voters. It remains unclear if the special master's findings would affect the certification of election results. Meanwhile, the administration asked a federal appeals court to weigh in quickly. In a late Wednesday filing, the Justice Department argued that the 9th Circuit must rule soon because irreversible ballot processing is occurring on an ongoing basis.
President Donald Trump criticized Judge Carter's ruling on Thursday morning before a campaign rally in South Carolina. He told reporters, "California is very corrupt. The elections are extremely corrupt. The judge should not have done that but we'll appeal that, of course." Trump added that he believes there are "hundreds of thousands" and then "millions" of bad ballots in California.
Carter, who was appointed by former President Bill Clinton, argued that the federal demands violate the National Voter Registration Act. That law prohibits changes to voter rolls or election procedures within 90 days of an election. Both sides agree that some citizens are on the federal list. Carter argued that separating the ballots now risks disenfranchising citizens and would wreak havoc on the certification process. Over 500,000 votes have already been processed in Los Angeles County alone. Once a vote is processed, the system protects voter privacy by making it untraceable to the individual.
Carter will rule on the government's renewed request for a preliminary injunction after a Nov. 13 evidentiary hearing. He said that if the federal government suspects noncitizens are voting, it can continue to prosecute those cases criminally. Federal authorities have already charged over two dozen foreign nationals in California. The 9th Circuit appeals panel is considering the case for the second time. Last week, two of three judges wrote that they would not support setting aside ballots at this late date. One judge dissented, arguing that federal law requires California to vet the potentially illegal ballots before counting them.
The Justice Department has made similar demands in other states, including Washington. Noncitizen voting has been a central focus of Trump's political messaging for years, although available data indicates it is exceedingly rare.
