On a Friday at the close of October, a federal judge in California stepped between the Justice Department and the people who run the state's elections, ordering federal officials to stop demanding that ballots be set aside and to stop threatening local officials with prosecution. The order answers a lawsuit filed only a day earlier by labor unions and other groups, who argue that a government pressing on election workers in the middle of a midterm contest is drawing a line that democracies have long tried to keep bright. The judge's concern is less about any single ballot than about whether ci
Federal Judge Blocks DOJ From Threatening California Election Officials Over Alleged Noncitizen Ballots
Free from threat, fear, or intimidation
Mark
Two judges, two rulings in one week. How do they fit together?
Mimi
They attack the same push from different sides. On Wednesday a judge refused to force California to set aside more than 20,000 ballots, citing states' authority over their own elections. Thompson's order on Friday goes after the threats of prosecution and the demands themselves.
Mark
What did she actually find?
Mimi
That federal officials likely violated the Voting Rights Act's ban on intimidating or coercing people who help others vote, and that they were acting outside their legal or constitutional authority.
Luke
Careful with 'likely.' This is a temporary restraining order, not a final ruling. She found a likelihood of violation, not a proven one.
Mark
And the 20,000 figure?
Mimi
That's the number of people the Justice Department alleges are noncitizens. Alleged is the key word.
Luke
Right. The reporting doesn't say how the department identified them or whether any are confirmed noncitizens. That's unknown here.
Mark
The government says it's stopping unlawful voting. Did the judge dismiss that?
Mimi
She accepted that it's their stated aim, but wrote that the effect would likely be interference and disenfranchising lawful voters.
Luke
Worth noting that's her assessment of likely effect. The source doesn't show any lawful voter actually losing a ballot yet.
Mark
What's the appeal status?
Luke
The administration appealed the Wednesday ruling, and an appellate court acted on segregating ballots Friday, but the source doesn't spell out what it decided. I wouldn't guess.
O Pulso
- A federal judge moved quickly, issuing a temporary order late on a Friday after a lawsuit landed only a day earlier.
- The Justice Department's demand that California set aside mail ballots of roughly 20,000 alleged noncitizens has put election officials under direct federal pressure weeks before the midterms.
- Threats of criminal prosecution against local election workers have raised alarm that ordinary administrators could be intimidated out of doing their jobs.
- A separate judge rejected the ballot-segregation demand on state authority grounds, but the administration has appealed, keeping the fight live.
- The restraining order expires Nov. 16, and the Nov. 13 hearing will determine whether the block on federal intimidation survives.
On a Friday at the close of October, a federal judge in California stepped between the Justice Department and the people who run the state's elections, ordering federal officials to stop demanding that ballots be set aside and to stop threatening local officials with prosecution. The order answers a lawsuit filed only a day earlier by labor unions and other groups, who argue that a government pressing on election workers in the middle of a midterm contest is drawing a line that democracies have long tried to keep bright. The judge's concern is less about any single ballot than about whether citizens and the people who help them vote can do so without fear. The matter is not settled; it waits on a hearing in mid-November and on an appeal already moving through the courts.
Late on a Friday, a federal judge in California ordered the Justice Department to stop two things: demanding that state and local election officials set aside certain ballots, and threatening those officials with criminal prosecution if they refuse. U.S. District Judge Trina Thompson acted on a lawsuit filed just a day earlier by labor unions and other groups, who accuse the Trump administration of intimidating California election workers in the run-up to the midterms.
The fight centers on mail ballots. This month the Justice Department demanded that California separate out the ballots of roughly 20,000 people it alleges are not citizens, and it made similar demands of officials in Los Angeles County. The lawsuit cited a July episode in which Harmeet Dhillon, who leads the department's Civil Rights Division, threatened local officials with prosecution, along with requests for lists of voters the government believes may be noncitizens.
Thompson found that federal officials likely violated the Voting Rights Act of 1965, which bars intimidating people who help others vote, and that the government appears to have acted beyond its legal authority. She wrote that a fair election depends on voting free from threat and fear. Even accepting the government's stated aim of stopping unlawful noncitizen voting, she concluded the actions were likely to disrupt election administration and disenfranchise lawful voters.
The order is temporary and expires Nov. 16, with a hearing set for Nov. 13. Thompson also directed the department to disclose any pending search warrant applications or subpoenas. Earlier in the week, a separate judge had already rejected the ballot-segregation request, finding it conflicted with the constitutional authority of states to run their own elections. The administration has appealed that decision, and the outcome of both disputes will shape how far federal power reaches into the counting of this year's votes.
Late on a Friday, a federal judge in California told the Justice Department to stop doing two things: demanding that state and local election officials set aside certain ballots, and threatening those officials with criminal prosecution if they refuse.
U.S. District Judge Trina Thompson issued the order in response to a lawsuit filed only a day earlier by labor unions and other groups. They accuse the Trump administration of intimidating California election workers and interfering with how the midterm elections are run.
The dispute centers on mail ballots. This month, the Justice Department demanded that California separate out the ballots of roughly 20,000 people it alleges are not U.S. citizens. It has also made demands of officials in Los Angeles County. The source describes this as part of a sweeping campaign by the administration, and notes that federal officials have suggested for months that election workers could face prosecution if they fail to stop noncitizens from voting.
The lawsuit pointed to specific conduct as examples of what it calls unlawful. One was a July episode in which Harmeet Dhillon, who leads the Justice Department's Civil Rights Division, threatened to criminally prosecute local election officials. Another was the department's requests for lists of names of voters it believes may be noncitizens.
Thompson found that federal officials have likely violated the Voting Rights Act of 1965, which prohibits attempting to intimidate, threaten or coerce people who help others vote. She also found the government was acting outside its legal or constitutional authority. In her written order she said that a fair election depends on the freedom to vote free from threat, fear or intimidation, and that this freedom requires safeguarding to ensure full participation and public trust.
She also addressed the government's stated purpose. The defendants say their actions are meant to halt unlawful voting by noncitizens. Thompson wrote that the actions are nonetheless likely to interfere with election administration and disenfranchise lawful voters.
The order is a temporary restraining order, and it expires on Nov. 16. The next hearing is set for Nov. 13. Besides barring the threats of prosecution and the ballot-separation demands, Thompson directed the Justice Department to tell the court about any pending search warrant applications or subpoenas. CBS News has asked the Justice Department for comment.
The ruling follows another decision earlier in the week. On Wednesday, a separate judge denied the Justice Department's request to compel California to set aside more than 20,000 ballots for alleged noncitizens. He found the request violated longstanding constitutional principles that give states authority to administer their own elections. The Trump administration appealed that ruling to an appellate court, which on Friday ruled on the question of segregating the ballots.
What to watch is the Nov. 13 hearing, which will show whether Thompson's restraint on the Justice Department is extended beyond the Nov. 16 expiration, and the appeal over the ballot-segregation ruling.
Citações Notáveis
Their actions are likely to have the effect of interfering with election administration and disenfranchising lawful voters.— U.S. District Judge Trina Thompson
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