By Islam El-Sakka
U.S. District Judge David O. Carter said Tuesday he intends to appoint a special master to examine the Justice Department's process for compiling a list of roughly 20,000 registered voters it claims are likely noncitizens, dealing a setback to the Trump administration's effort to intervene days before the November 3 midterm elections.
DOJ lawsuit seeks to block ballot counting
The department sued California earlier this month, alleging the state failed to review the list of alleged noncitizens who were sent mail-in ballots. DOJ attorneys requested a temporary restraining order to prevent the state from counting those ballots, arguing the administration was enforcing federal law barring noncitizens from voting.
Judge expresses skepticism over late intervention
Judge Carter appeared skeptical of the DOJ's last-minute request for emergency action, describing it as a "monumental change" in California's ongoing election administration. He did not rule on the restraining order by the end of the hearing but indicated he would issue a ruling governing further proceedings by Wednesday.
Special master to probe DOJ methodology
The special master will investigate how the department assembled its list of 20,000 voters. First Assistant U.S. Attorney Bill Essayli, a Trump appointee, defended the effort in court, while state officials and legal advocates countered that the lawsuit violates constitutional principles granting states control over elections and could create chaos in vote tabulation.
Judge admonishes prosecution threats
Carter also admonished the administration over recent letters to California election officials suggesting they could face prosecution if involved in counting ballots from the disputed list. "This court believes it would be wise that any threats to state and county elected employees cease immediately," the judge said.
Appeals court rejects earlier DOJ request
On Monday, a federal appeals court denied the DOJ's request to require California to set aside the 20,000 ballots, returning the matter to the district court. A preliminary Los Angeles County analysis of 200 names from the list found a "high percentage" of individuals who say they were born in the United States, with many having no voting history at all.
