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Justice Department Subpoenas Los Angeles County Election Officials Over Noncitizen Voting Probe
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DOJ issued grand jury subpoenas to Los Angeles County election workers to appear in court. Investigation alleges thousands of noncitizens registered to vote in California, possibly up to 20,000.
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DOJ subpoenas in California
The U.S. Justice Department issued subpoenas to California officials as it escalated scrutiny of local election administration, ordering employees of the Los Angeles County Registrar-Recorder to appear in court on Nov. 4, the day after the election.
The Associated Press obtained copies of three subpoenas sent Oct. 21 and Oct. 24, and the subpoenas requested 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.
The subpoenas also sought information about efforts to prevent noncitizen votes from being counted, and the Associated Press reported that all four U.S. attorneys in California were issuing subpoenas.
Dean Logan, the Los Angeles County registrar, said, “threats and intimidation have no place in elections,” as the dispute amplified pressure on local election officials to comply with federal demands.
A letter accompanying a subpoena told the county registrar’s Custodian of Records it was issued “in connection with an official criminal investigation being conducted by the Department of Homeland Security, Homeland Security Investigations.”
Court fight and threats
U.S. District Judge David O. Carter rejected the Trump administration’s request to force California to set aside up to 20,000 ballots it suspected went to noncitizens and not count them until citizenship could be verified, and Carter appointed a special master, Daniel B. Garrie, to develop the factual record.
Carter said the special master would be tasked with “developing the factual record” for the court, and the judge warned at the end of Tuesday’s hearing, “This court believes it would be wise that any threats to state and county election employees cease immediately.”
The Justice Department asked a federal appeals court to quickly weigh in, and the Justice Department said in a late Wednesday filing that it was essential the 9th Circuit Court of Appeals issue a ruling as soon as possible due to “irreversible ballot processing occurring on an ongoing basis.”
Los Angeles Registrar-Recorder/County Clerk Dean Logan pointed to Carter’s ruling and said, “Judge Carter's admonishment about threats directed at election officials on Tuesday was well placed and appreciated.”
A Justice Department spokesperson acknowledged that taking criminal investigative action was the next logical step based on Carter’s ruling, and the spokesperson said, “all agree that noncitizen voting is properly addressed through criminal law.”
What the subpoenas seek
CBS News reported that three subpoenas it saw were directed to officials at the office of the Los Angeles Registrar-Recorder/County Clerk and asked for documents about the county’s correspondence with Homeland Security Secretary Markwayne Mullin and acting Deputy Attorney General Trent McCotter.
CBS News said the subpoenas also sought records and communications about the agency’s methods for “screening for unlawful voting by aliens,” along with other information related to any evidence collected about noncitizen voters.
NPR reported that the Los Angeles County Registrar-Recorder’s office confirmed it received grand jury subpoenas directed at employees last week, and NPR said the subpoenas came after reporting that at least two employees were served with instructions to appear in court on Nov. 4.
NPR quoted letters sent in recent weeks warning that if persons knowingly tabulate ballots cast by individuals identified by federal agencies as noncitizens, they “risk becoming aiders and abettors to a federal crime,” and NPR said it was unclear whether the staff were targets of a criminal investigation.
Politico reported that the county registrar-recorder Dean Logan’s office released copies of subpoenas sent to three employees asking them to appear at a federal courthouse in Orange County on Nov. 4, and Politico said the subpoenas demanded documents and communications related to letters exchanged by California Secretary of State Shirley Weber with Markwayne Mullin and Trent McCotter.