A federal judge late Friday issued a temporary restraining order blocking the Justice Department from demanding that California election officials separate out approximately 20,000 ballots or threatening local workers with criminal prosecution over alleged noncitizen voters. U.S. District Judge Trina Thompson ruled that the federal campaign likely violates the Voting Rights Act.
Federal Actions Blocked by Restraining Order
- The Justice Department must stop pressing officials to segregate mail ballots for roughly 20,000 alleged noncitizens.
- Federal authorities are barred from threatening local election workers with criminal prosecution for noncompliance.
- The department must immediately inform the court of any pending search warrant applications or grand jury subpoenas directed at election staff.
Judge Thompson Cites Voting Rights Violations
Labor unions and additional organizations initiated the legal action that prompted U.S. District Judge Trina Thompson to deliver her decision. The plaintiffs accused the Trump administration of intimidating California election workers and interfering in the administration of the midterms. In her Friday ruling, Thompson found federal officials have likely violated the Voting Rights Act of 1965 by attempting to intimidate, threaten, or coerce people who help others vote. She also determined the government was acting outside its legal or constitutional authority.
DOJ Lost in California. The Constitution Explains Why.Judge David O. Carter has denied DOJ's attempt to force California to segregate ballots from approximately 20,000 suspected noncitizen voters.And predictably, DOJ supporters are promising to appeal all the way to the…
One of the hallmarks of a fair election is the freedom to exercise the right to vote free from threat, fear, or intimidation. Free exercise of the right to vote is a core tenet of our democracy. It requires safeguarding to ensure full participation and public trust in our elections.
Thompson also wrote that although defendants claimed their actions were designed to halt unlawful voting by noncitizens, their tactics were likely to interfere with election administration and disenfranchise lawful voters. The temporary restraining order is set to expire on Nov. 16, with the next court hearing scheduled for Nov. 13, cbsnews.com reported.
Grand Jury Subpoenas and DOJ Pressure
The Justice Department pressed officials in California this month to separate out mail ballots for roughly 20,000 people it alleged were not U.S. citizens. Federal officials also issued grand jury subpoenas for officials in Los Angeles County as part of a sweeping campaign. For months, federal authorities suggested election workers could face criminal prosecution if they failed to stop noncitizens from voting.
The lawsuit cited letters sent by Justice Department Civil Rights Division head Harmeet Dhillon to all 50 states and Washington, D.C. Those July letters threatened to criminally prosecute local election officials and demanded lists of names of voters believed to be possibly noncitizens.
Appellate Rejections and Ongoing Legal Battles
This decision came down shortly after a different federal judge in California refused on Wednesday to grant the Justice Department’s motion requiring the state to set aside more than 20,000 ballots belonging to supposed noncitizens. That judge found the demand violated longstanding constitutional principles giving states the authority to administer their own elections. The Trump administration appealed that matter to an appellate court, which also rejected a request to segregate the ballots on Friday.
CBS News reached out to the Justice Department for comment following the decisions. The temporary restraining order remains in effect until the next scheduled court date on Nov. 13, leaving open the question of how federal authorities will adjust their legal strategy ahead of the upcoming expiration date on Nov. 16.
