| |
DOJ Subpoenas CA Officials on Elections10/30 06:11
LOS ANGELES (AP) -- The U.S. Justice Department has issued subpoenas to
California officials in an escalation of its scrutiny of local election
administration.
The Associated Press obtained copies of three subpoenas sent Oct. 21 and
Oct. 24 to employees of the Los Angeles County Registrar-Recorder, ordering
them to appear in court on Nov. 4, the day after the election.
The subpoenas request any documents and communications related to letters
sent in July and October by federal officials to state election officials
outlining allegations of noncitizens on the state's voter rolls.
They also seek any information about efforts to prevent noncitizen votes
from being counted. All four U.S. attorneys in California were issuing
subpoenas, according to a person familiar with the matter who insisted on
anonymity to discuss an ongoing investigation.
The subpoenas represent the latest salvo in a fight between the Trump
administration and California over the eligibility of voters in the heavily
Democratic state, amplifying pressure on local election officials to comply
with exhaustive government demands and setting the stage for legal challenges.
They also come amid broader federal scrutiny of local elections, with the Trump
administration issuing a raft of subpoenas in Alaska in a spoiler candidate
controversy.
Dean Logan, the Los Angeles County registrar, said, "threats and
intimidation have no place in elections."
A letter accompanying a subpoena sent to the county registrar's Custodian of
Records says it was issued "in connection with an official criminal
investigation being conducted by the Department of Homeland Security, Homeland
Security Investigations." It didn't elaborate.
It is unclear whether the Justice Department intends to bring criminal
charges against anyone. The department does not typically subpoena people whom
it regards as targets of a criminal investigation to appear before a grand jury.
Subpoenas come amid ongoing court battle
The Trump administration has sued to force California to set aside up to
20,000 ballots it suspects went to noncitizens and not count them until
citizenship can be verified. A district court judge on Tuesday rejected that
request, then on Thursday appointed a special master to evaluate the
administration's claims.
U.S. District Judge David O. Carter said special master Daniel B. Garrie
would be tasked with "developing the factual record" for the court.
Carter had said Tuesday he wanted to vet the federal government's list of
alleged noncitizen voters since its reliability has been debated and both sides
have agreed it includes an unspecified number of citizens.
Carter also said a special master could investigate California's claims that
it cannot logistically separate the ballots in time for the Dec. 3 county
election certification deadline.
It's not clear what would happen if the special master does find a
substantial number of noncitizen voters on the federal government's list or how
that would affect the certification of election results. The 20,000 people on
the DOJ's list are a small fraction of California's 23 million voters.
Some county election officials have received subpoenas, starting as early as
September, for records about individual voters the department suspects of
registering to vote illegally.
Carter concluded Tuesday's court hearing by issuing a stark warning: "This
court believes it would be wise that any threats to state and county election
employees cease immediately."
Trump administration appeals to higher court
The Trump administration asked a federal appeals court to quickly weigh in.
The Justice Department said in a late Wednesday filing that it's essential
the 9th Circuit Court of Appeals issue a ruling as soon as possible due to
"irreversible ballot processing occurring on an ongoing basis."
The appeal came just hours after Carter issued a blistering order against
the department's effort to compel California to segregate the ballots.
Noncitizen voting has been a central focus of Trump's political messaging
for years, although available data indicates it is exceedingly rare.
Trump blasted Carter's ruling before heading to a campaign rally in South
Carolina.
"California is very corrupt. The elections are extremely corrupt. The judge
should not have done that but we'll appeal that, of course," he told reporters
Thursday.
Carter ruled that the Justice Department's demands violated the National
Voter Registration Act, which prohibits changes to voter rolls or election
procedures within 90 days of an election.
Federal authorities have charged foreign nationals in California
Over 500,000 votes have already been processed in Los Angeles County alone,
according to court filings. The system also protects voter privacy: Once a vote
is processed, it cannot be traced back to the person who cast it.
Carter is to rule on the government's renewed request for a preliminary
injunction to bar the state from counting the ballots until the litigation is
resolved. He said he will do so after a Nov. 13 evidentiary hearing with input
from the special master.
He said that if the federal government suspected noncitizens were voting, it
could continue to prosecute those cases criminally. Federal authorities have
charged over two dozen foreign nationals in California, targeting people they
allege have illegally registered to vote or have voted.
Appeals panel judges have said they wouldn't support setting aside ballots
this close to midterms
Just last week, the Justice Department argued before a three-judge panel
from the 9th Circuit for a fast ruling on its request to stop any counting of
the ballots.
The panel ruled it was premature for an appeals court to get involved before
a lower-court ruling. But two of the judges wrote concurrences making it clear
they wouldn't 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. Failing to do so, he wrote,
would cause irreparable harm to the election.
|
|
