In a scathing rebuke that has shaken Washington, a US federal judge has crushed the Trump administration’s last-minute attempt to stop California from counting over 20,000 mail ballots just days before the crucial November 3 midterm elections.
Justice Department officials had alleged that more than 20,000 noncitizens illegally registered to vote in California and asked the court for an emergency restraining order to block their ballots from being counted.
But US District Judge David Carter would have none of it.
“Never Before In American History”
In a fiery ruling delivered Wednesday in Los Angeles, Judge Carter, appointed by President Bill Clinton, declared that the federal government has never on the eve of an election tried to force a state to abandon its constitutional election procedures.
“Never before in American history has the federal government, on the eve of an election, sought to coerce a state and local government to abandon their own Constitutional elections procedures and bend to the will of the Executive Branch,” Carter wrote.
He warned that granting Trump’s request would “wreak havoc” and cause thousands of registered voters to “potentially lose the right that generations of Americans have fought to preserve.”
Democracy In Danger
Carter issued a stark warning about trust in elections.
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“Eroded trust in our democracy is irreparable. Once a vote is segregated, lasting harm has occurred. If the Executive can discount votes and threaten an ongoing election due to unproven allegations, then our democracy is in danger,” he ruled.
The judge said the Justice Department failed to prove that counting the ballots would affect federal prosecution of illegal voting, noting that states are not required to help federal prosecutors investigate crimes.
DOJ Fights Back, California Fires Back
The Justice Department swiftly appealed to the 9th Circuit Court of Appeals. DOJ lawyer Bill Essayli said, “Every day, more ballots are processed. This ongoing emergency disenfranchises American citizens through dilution.”
California officials dismissed the federal claims as “suspect data” that risks disenfranchising legitimate voters. The state, America’s most populous with 52 House seats, says its safeguards against noncitizen voting are robust.
This is the second blow for DOJ in 48 hours. On Monday, an appeals court had already rejected its emergency request to block the ballots before Judge Carter ruled.
The Trump administration has also targeted Alaska and Washington state with similar interventions, as battle for control of Congress reaches fever pitch.
