Judge Expresses Skepticism Over Federal Request
U.S. District Judge David O. Carter indicated on Tuesday that he is skeptical of a Trump administration request to immediately block California officials from counting approximately 20,000 ballots from voters whose citizenship the administration questions.
Carter stated that he would not issue a ruling on the matter until Wednesday. During the hearing, he questioned how the administration derived its list of suspect voters and expressed concern about the potential disenfranchisement of eligible voters.
Describing the administration's demands as a "monumental change" to California elections, Carter suggested that federal prosecutors had other means to hold illegal voters accountable rather than halting the counting process during an ongoing election.
Arguments From State and Federal Attorneys
Attorneys representing the state of California and Los Angeles County argued that the administration provided no reliable evidence that the voters in question were noncitizens. They further contended that the government offered no workable way for election officials to comply with the request during an active election.
First Assistant U.S. Attorney Bill Essayli, arguing on behalf of the Trump administration, stated it was "abundantly clear that American voters are being disenfranchised in real time." Essayli indicated that the administration would likely appeal the matter to the appellate court after seeing Carter's ruling.
Despite Justice Department letters warning elections officials statewide of criminal punishments for counting flagged ballots, Essayli denied threatening state officials during the proceedings.
Judicial Process and Jurisdiction
Carter indicated he wanted to develop the record further, including by bringing in an expert for the court. He appeared focused on identifying noncitizens who illegally vote while avoiding the disenfranchisement of legitimate voters.
The hearing followed a Monday decision by the U.S. 9th Circuit Court of Appeals, which ruled it had no jurisdiction because Judge Carter had not yet ruled on the temporary restraining order request.
The appellate panel was composed of two appointees of President Trump and one appointee of President Biden. Carter is an appointee of President Clinton.
Orders Regarding Election Employees
Carter ordered that threats to state and county elected employees cease immediately. This order referenced federal authorities' warnings regarding criminal penalties for counting flagged ballots, aiming to protect election workers from intimidation while the legal dispute continues.