The Justice Department has issued grand jury subpoenas to state and local officials in California, escalating a dispute over federal charges that the state may have registered as many as 20,000 noncitizens to vote ahead of the midterm elections, according to people with direct knowledge and a copy seen by CBS News.
The subpoenas were issued between October 21 and 24, and news broke shortly after. U.S. District Judge David Carter in Los Angeles refused. The Trump administration asked California election officials to separate mail-in ballots received by approximately 20,000 non-U.S. citizens. The judge said allowing such a move would violate “longstanding constitutional principles” that give states the power to regulate their own elections.
Three of the subpoenas seen by CBS News were issued to officials in the Los Angeles Register/County Clerk’s office. They requested documents regarding the county’s communications with Homeland Security Secretary Markwayne Mullin and Acting Deputy Attorney General Trent McCourt regarding non-citizen voting discussions.
They also requested records and communications about the agency’s methods of “screening illegal alien votes,” as well as other information related to any evidence that may be collected about noncitizen voters.
In a statement, Los Angeles Registrar and County Clerk Dean Logan noted a portion of Carter’s ruling in which the judge accused the government of Threaten to charge Local officials who fail to comply. “These threats must stop,” the judge wrote.
“Judge Carter’s warnings Tuesday about threats against election officials are valid and should be applauded,” Logan said. “The U.S. Department of Justice has taken a confrontational approach every step of the way. Election officials acted in compliance with state and federal law. This has been confirmed by clear court rulings from both the U.S. District Court and the Court of Appeals. There is no place for threats and intimidation in elections.”
“We will take all necessary steps to ensure the safety of our employees and remain focused on serving Los Angeles County voters so they can exercise their right to vote.”
A Justice Department spokesman said in a statement that the agency would not comment on leaks of grand jury subpoenas. But the spokesman acknowledged that criminal investigative action was the next logical step in light of Carter’s ruling.
“To be clear, the district court judge explained that illegal voting can result in criminal exposure. Consistent with this, California also wrote in its filing that the remedy for illegal voting is through criminal prosecution. So while the Department of Justice maintains that civil remedies remain available, everyone agrees that noncitizen voting is properly addressed through criminal law,” the spokesperson added.