Federal judge signals skepticism of DOJ bid to set aside 20,000 California mail ballots, promises ruling Wednesday
After the Ninth Circuit sent the case back, U.S. District Judge David O. Carter told federal prosecutors, "Go out and indict," and pointed to the Dec. 3 certification deadline.
U.S. District Judge David O. Carter said he would rule Wednesday on the Justice Department's emergency request to block California from counting mail ballots from people the administration alleges are likely noncitizens, Reuters reported after a three hour hearing in Los Angeles on Tuesday. The department wants roughly 20,000 ballots separated and held, according to ABC7 Los Angeles, which reported that Carter appeared unlikely to grant the request.
Bill Essayli, the top federal prosecutor in the Los Angeles area, told the court, "We've given California and LA County a list of people who we believe are noncitizens on the voter rolls," NBC Los Angeles reported. Michael Cohen, an attorney for the state, argued the government relied on "data and methods known to be unreliable," according to NBC Los Angeles. Carter told the government, "You've got a remedy, for goodness' sake. Go out and indict," and said threats against state and county election employees should stop immediately, a reference to Essayli's warnings of criminal penalties, both outlets reported.
Carter said officials have until the Dec. 3 certification deadline, so he saw no immediate need for a restraining order, and indicated a further hearing could come within two weeks, ABC7 reported. The hearing followed a 2 to 1 Ninth Circuit decision on Monday that declined the government's request and returned the case to Carter, Al Jazeera reported. Secretary of State Shirley Weber's office said federal officials had claimed in July that large numbers of noncitizens were on the rolls but refused to provide evidence when asked, according to ABC7.
What is established
- The Justice Department sued California and Los Angeles County on Oct. 15, NBC Los Angeles reported.
- The request covers about 20,000 mail ballots the administration says came from likely noncitizens.
- Carter said he would rule by Wednesday, Oct. 28.
- California's certification deadline is Dec. 3, per ABC7 Los Angeles.
- Al Jazeera reported the department has sued 30 states and Washington, D.C., for voter roll data and has won none of those cases.
What each side says
"We've given California and LA County a list of people who we believe are noncitizens on the voter rolls."
The government relied on "data and methods known to be unreliable," and officials lack authority to freeze ballots until citizenship is verified.
"You've got a remedy, for goodness' sake. Go out and indict."
How it was covered
Left 1 report
Al Jazeera emphasized that the administration has not explained how it built its list and has lost most of its voter roll suits.
Center 3 reports
Reuters focused on the timing of the ruling; ABC7 and NBC Los Angeles highlighted Carter's skepticism and his warning about threats to election workers.