Judge Carter warns threats to California election officials must stop
The Justice Department issued grand jury subpoenas to employees of the Los Angeles County Registrar-Recorder’s office, the office confirmed to NPR on Thursday, in an escalation of tensions with California election officials over the Trump administration’s efforts to identify noncitizens on the state’s voter rolls.
Reporting that first appeared in The New York Times said at least two employees at the registrar’s office were served grand jury subpoenas with instructions to appear in court on Nov. 4. A spokesperson for the Justice Department did not respond to a request for comment, and it is unclear whether the staff who received the subpoenas are the targets of a criminal investigation.
In recent weeks, the department sent letters to local election officials in California warning that they could “risk significant federal scrutiny and legal exposure” if they refuse to cooperate with demands to set aside ballots pertaining to people federal officials have flagged as “likely” noncitizens. “If persons knowingly tabulate ballots cast by individuals identified by federal agencies as noncitizens, they risk becoming aiders and abettors to a federal crime,” the letters warned.
The subpoena news came a day after U.S. District Judge David O. Carter rejected the department’s request to require California election officials to set aside and stop processing the ballots of thousands of California voters who appear on a list of 20,000 names federal officials say are “likely” noncitizens. Carter found there was no legal basis for the demand and wrote that the court was not convinced the list was reliable. He also raised concerns that the effort would disenfranchise eligible voters and create election chaos. The department is appealing the ruling to the 9th Circuit Court of Appeals.
At a hearing in Carter’s courtroom on Tuesday, the judge warned Justice Department officials: “This court believes it would be wise that any threats to state and county elected employees cease immediately.” He repeated that message in the order he issued Wednesday evening, writing: “The court reiterates what it said yesterday: these threats must stop.”
Los Angeles County Registrar-Recorder Dean Logan welcomed Carter’s comments in a statement Thursday. “Judge Carter’s admonishment about threats directed at election officials on Tuesday was well placed and appreciated,” Logan said. “At every step, the U.S. Department of Justice has taken a confrontational, adversarial approach. Election officials are acting in accordance with state and federal law.”
He added: “We will take whatever steps necessary to ensure the safety of our employees and to remain focused on serving the voters of Los Angeles County so they can exercise their voting franchise.”