Judge Warns DOJ to Cease Threats Against California Officials

Federal judge issues warning to DOJ after legal battle over ballot removal in California.

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A federal judge has issued a warning to the Department of Justice (DOJ) after the agency threatened California elections officials during a legal dispute over ballots mailed to non-citizens. The case centers on 20,000 ballots that were sent to individuals suspected of not being U.S. citizens. The DOJ has been pushing to have these ballots removed, but a recent legal challenge has complicated the process.

Legal Battle Over Ballot Removal

The DOJ filed a lawsuit against California and Los Angeles County, arguing that the ballots should be removed due to concerns about non-citizens voting. However, on Monday, the Ninth Circuit Court of Appeals dismissed the DOJ’s emergency appeal to remove the ballots, ruling that the lower court did not have enough time to consider the DOJ’s request for a Temporary Restraining Order (TRO).

The three-judge panel, which included two Trump appointees and one Biden appointee, ruled 2-1 that the DOJ had improperly bypassed the district court judge. As a result, the DOJ was forced to attend a hearing on Tuesday with Judge David Carter, a Clinton appointee.

Judge Warns DOJ to Stop Threats

During the hearing, Judge David Carter issued a warning to First Assistant US Attorney Bill Essayli, who had previously threatened California elections officials with legal consequences if they unlawfully tabulated ballots. The judge told Essayli that any threats to California elected employees should cease immediately.

Essayli had stated that officials who knowingly tabulate unlawful ballots risk aiding and abetting a federal offense. He urged the County and the Secretary of State to temporarily segregate the flagged ballots pending citizenship verification or face legal consequences.

Carter said he would issue a ruling on Wednesday.