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Federal Appeals Court Skeptical of DOJ's California Voting Lawsuit
Confirmed
In Short: The Justice Department (DOJ) faced skepticism from a federal appeals court panel on Sunday as it sought an emergency ruling to segregate ballots from alleged noncitizens in California's elections.
Earlier this week, the DOJ sent letters to every county in California, requesting local elections officials to help identify potential voters who may be in the U.S. illegally.
In court papers, Los Angeles officials noted that a preliminary analysis of 200 names from a 20,000-person list showed a 'high percentage' of individuals who say they were born in the U.S., indicating citizenship.
Circuit Judge Mark Bennett, a Trump appointee, questioned the DOJ's jurisdiction to intervene at this stage, expressing concerns over the lawsuit's constitutionality.
DOJ attorney Matthew Donnelly argued that California's administration of elections infringes on the federal government's ability to enforce federal statutes barring voting by illegal immigrants.
The appeals court panel, which includes two Trump appointees and one Biden appointee, heard arguments without issuing a ruling, raising doubts about the DOJ's legal strategy.
California officials have maintained that the state's safeguards against noncitizen voting are robust and that the DOJ's assertions rely on suspect data.
The DOJ also announced charges against 28 noncitizens illegally registered to vote, including some who cast ballots.
The lawsuit comes after the DOJ said California officials failed to meet a 48-hour deadline to review a password-protected thumb drive containing a list of 20,000 names.
John Tuteur, the registrar of voters for Napa County, criticized the DOJ's actions, saying they were meant to raise doubts about the integrity of the election.
Without a ruling, the court's skepticism suggests that the DOJ's efforts to quickly intervene in California's elections may face significant legal hurdles.
What this adds
The court's skepticism highlights the complex legal and constitutional issues surrounding the DOJ's actions.
What's confirmed
- "Within 48 hours, we ask that you commit to working with DOJ and DHS to identify who on the accompanying list is a citizen and who is not," according to a letter sent by Justice Department officials to every county in California and described to ABC News.
- Circuit Judge Mark Bennett told Justice Department attorney Matthew Donnelly, that the DOJ appeared to be asking the court to "issue an injunction that is entirely inconsistent with the law that the California Legislature has adopted pursuant to the Elections Clause."
What's still developing
- Of those 200 individuals, officials said, nearly 40% "indicate that they were born in the United States, which is strong evidence of citizenship; and 71.2% of the records have no voting history," according to a filing.
- "How can it preempt something that is expressly authorized by a provision of the Constitution?"
- "I don't see how we have jurisdiction," Bennett said to DOJ attorney Matthew Donnelly after pressing him over the timeline of the government's decision to seeking emergency appeal when a hearing before the district judge is already set for this Tuesday.
- "How can the legislature making laws with regard to the manner of holding elections be preempted by a criminal statute passed by the Congress, especially when both the Congress and the California Legislature have made it illegal for non-citizens to vote?"
- "The Department strongly urges you and your agency to work with the Department of Justice to ensure the integrity of California's federal elections before taking actions that risk significant federal scrutiny and legal exposure."
- "Without an injunction, you will never know, correct?"
- "How can we, a federal court, do what is reserved to Congress, which Congress, in my view, hasn't done?"
- The department requested that the court issue one by Tuesday prior to the scheduled 1 p.m.
- The Justice Department's rushed efforts to have an appeals court quickly rule on its lawsuit faced considerable skepticism from the three-judge panel in Sunday's emergency hearing.
- The Trump administration appealed to the Ninth Circuit despite the fact that a district court judge has yet to rule in the dispute.
- On Thursday, the Department of Justice sued California, accusing the state of harboring noncitizens on its voter rolls.
- “The issues that underlie this case are still alive and kicking, in my view,” the judge said.