DOJ

My fellow Californians, let us begin with an intelligence test.

Our great state has been voting since early October. Folks have been mailing in their ballots, dropping them off at collection sites and even showing up at in-person centers.

So raise your hand if you know — or even just assume — elections officials have been doing something with those ballots as they arrive, other than just throwing them in a pile.

Congratulations, hand-raisers. You are now officially smarter than the entire U.S. Department of Justice. Or at least more honest.

On Sunday, the lawyers for the DOJ managed to get a three-judge panel of the Court of Appeals for the 9th Circuit to convene a rare emergency hearing because, OMG, people are actually voting and California is processing ballots!

Who could have possibly known?

Even though it’s literally law that counties count ballots in a timely manner; even though it’s happened in every other election; even though the daily tallies of how many ballots are received are posted online by the secretary of State; even though there are live camera feeds of ballots being processed in Los Angeles — somehow the U.S. government didn’t know this normal election procedure was happening, it claimed.

It wasn’t until late Friday, when DOJ lawyers read a filing by California DOJ lawyers laying out that L.A. is, like, actually opening mail-in ballots, that the U.S. DOJ realized that ballots are being opened. About 600,000 so far in L.A.

That seemed “absurd on its face,” argued California Deputy Solicitor Gen. Samuel P. Siegel.

Armed with this previously unknowable information, Trump’s lawyers were begging the appeals court to take their flimsy, constitutionally questionable case away from the judge who had already promised to rule on their requests on Tuesday and immediately give them an injunction to further their election conspiracy claims.

Most folks are aware of the background of this drama, but here’s the quick recap.

President Trump for years has falsely but incessantly claimed that Democrats are colluding with undocumented people to help them sneak into the country in exchange for illegally voting in mass numbers for Democrats. This is not happening, but the president is obsessed with this conspiracy, so much so that he is weaponizing the Department of Justice to attack states, California in particular, in a bid to prove his delusions correct, and perhaps as a bonus, undermine democracy.

A few months ago, the DOJ came to the state of California and claimed it had a list of 190,000 people it believed were illegally registered to vote. That list has since dropped to 20,000. But with all the investigative power of the government hard at work on this, only 28 people in California have been indicted by the feds during this no-holds-barred effort, and it looks as though not all of those cases will hold up.

Undeterred, Trump lawyers tried to get a California judge to order the state (and Los Angeles) to set aside ballots that it claims to have doubts about. They asked the judge in that case for a temporary restraining order forcing L.A. County to do that, and the judge agreed to rule on that request early next week, in an already-expedited fashion.

But then the Trump lawyers learned about all that ballot processing and demanded the judge instead rule by Saturday afternoon — though the reasoning here seems iffy. When the federal judge assigned to the case didn’t rule by Saturday, an absurd ask that didn’t even allow enough time for lawyers to file briefs, the feds ran to the 9th Circuit, claiming that failing to rule on Saturday was a de facto denial of their request.

Basically, it seems the Trump lawyers were arguing two things. First, that once ballots are counted, they can’t be uncounted, and if there are illegal ballots, that hurts all voters. Sure, OK.

But again, there is no evidence this is happening in any widespread fashion, and the lists of potential vote scofflaws compiled by the government have been shown to be error-ridden. They may also involve the use of a mysterious non-government “third party” to gather the information that not even the Trump lawyers could identify Sunday.

DOJ lawyers also claimed they had just learned that once a ballot is taken out of the envelope, there was no way to reconnect that ballot to the voter who cast it — because our votes are anonymous. Therefore, the 20,000 ballots had to be grabbed before they were separated from the documents inside.

The lawyers did not explain why they needed to know how a person voted to confirm they illegally voted. The envelopes are retained by county elections officials, but apparently the Trump lawyers feel it’s critical to tie them to particular votes.

But here’s the thing — there are simply not enough illegal voters to sway a Los Angeles election, or a California one for that matter. We have a system to ferrets out problematic ballots right now, and a separate criminal system that can hold illegal voters accountable. Two weeks before an election isn’t a time to demand ballots be withheld — unless you’re trying to undermine trust.

The appellate judges did not seem impressed by the federal laywers’ arguments, questioning more than once if the 9th Circuit even had jurisdiction since states are in charge of elections, not the federal government. There was even some reading of the 10th Amendment. You know, the one the don’t-tread-on-me types love that reads: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States.”

We should expect a ruling sooner rather than later, but the real question remains, why the emergency? The DOJ is involved in another voting lawsuit in Washington, D.C., where the plaintiffs, led by the UCLA Voting Rights Project, have asked for a restraining order of their own stopping the government from creating national lists of who it thinks should vote, and using janky, secretive information gathering to do it.

It’s also true that the original case was reassigned from a Trump-appointed judge to one appointed by Bill Clinton. There has been speculation the switch may have been viewed unfavorably by the feds, though the Clinton-appointed judge, David O. Carter, was given the case because of his experience in the subject matter.

The D.C. restraining order could be decided in the next few days. I’m not saying the cases are related, or that the judge should or does matter, but the Trump DOJ’s argument in California is basically that its list of 20,000 is really solid, reliable information.

If the D.C. federal judge rules first that the government information gathering is potentially both an overreach and sloppy, it makes it that much harder for another judge, or the appellate court for that matter, to rule that the list is so critical that they must step in.

So maybe there is an emergency.

Just not the one the government is claiming.

First came the letter from acting Deputy Atty. Gen. Trent McCotter — just three weeks before the Nov. 3 election — demanding that Los Angeles County’s top elections official launch a sweeping investigation into thousands of voters the Trump administration alleges are “likely noncitizens” and withhold their ballots in the meantime.

The letter arrived with a thumb drive purporting to contain the list of voters in question, and a handwritten note providing the password. Dean Logan, head of the L.A. County Registrar-Recorder/County Clerk’s office, said accessing the device broke security protocols, and he wouldn’t open it.

Then came an Excel spreadsheet, listing some 20,000 voters by name, date of birth and address. It appeared to contain voters from across the state of California, not just L.A. County, and provided no information on the Trump administration’s methodology for questioning those voters. Logan’s office again pushed back.

“We cannot withhold or refuse to count ballots based solely on unverified allegations, nor can we disregard the legal requirements governing our election — and we certainly have no authority to act on records that are outside of our jurisdiction,” Logan said.

On Friday, the back and forth escalated yet again, when the Justice Department warned in a letter to L.A. County attorneys that county elections officials who tabulate ballots from the flagged voters could face criminal prosecution for being “aiders and abettors to a federal crime.”

For the last week, Trump administration officials and California election leaders have been locked in a fiercely contentious standoff over alleged election fraud that independent elections experts say is like nothing they have ever seen before.

The battle — which escalated into a federal lawsuit filed Thursday by the Justice Department against the state, Secretary of State Shirley Weber and Logan — features striking assertions of official misconduct. They include willful indifference to systemic election fraud among California officials, as alleged by Trump officials, and a nefarious effort by the administration to “lay the groundwork” for questioning any unfavorable election results next month, as alleged by California leaders and independent elections experts.

With little public clarity around the voters whose registration is being contested and how the administration came to question their eligibility, the debate has centered instead on the efficacy of vetting voter rolls right before an election and the increasingly bitter claims of political meddling from the many federal, state and local officials involved.

“More dangerous nonsense from a President losing his grip on reality,” Gov. Gavin Newsom posted on X.

Acting Deputy Atty. Gen. Trent McCotter sent a letter demanding that L.A. County’s top elections official investigate thousands of voters the Trump administration alleges are “likely noncitizens.”

(Finn Gomez / Getty Images)

“No, Governor. You are violating federal law by facilitating voting by noncitizens,” responded First Assistant U.S. Atty. Bill Essayli, the top federal prosecutor in Los Angeles, whose office is leading the lawsuit.

“Mail ballots are already in most voters’ hands, and Election Day is less than three weeks away. Every count, recount, hand count, lawsuit, and audit has found that there’s no widespread voter fraud in the U.S. The Trump Admin’s last-minute demands are meritless, and we look forward to making our case in court,” California Atty. Gen. Rob Bonta wrote on the same platform.

“We produced a list of 20,000 noncitizens on your voter rolls, and your response is ‘it’s too late’ because you already mailed the ballots. Not good enough,” Essayli shot back. “It’s a violation of the U.S. Constitution and federal law for California to dilute the votes of American citizens.”

Both sides have accused the other of being unreasonable and of ignoring practical concerns about voting and election security, though in very different ways.

Trump administration officials have said their effort “should not be controversial,” and reflects a common-sense approach to election oversight. “The law is clear, aliens in the United States cannot vote in federal elections,” McCotter said.

In its lawsuit, the Justice Department argued it is “not practicable or feasible” for the federal government to investigate “thousands, let alone tens of thousands, of individuals” before the November election alone, so California and local officials should be required to help them do it.

California officials — joined by independent elections experts — have accused the Trump administration of breaking the law to bolster a grand election conspiracy the president has propped up for years without evidence, including by trying to purge voters from rolls right before an election.

David Becker, executive director of the nonpartisan Center for Election Innovation & Research, said the National Voter Registration Act prohibits states from conducting systemic maintenance of voter lists within 90 days of an election, and that the U.S. Supreme Court recently affirmed that limit.

Bonta said the timing of the Justice Department’s demands “reeks of desperation and bad faith.”

Dean Logan, head of the L.A. County Registrar-Recorder/County Clerk’s office, attends the opening of a new ballot processing center in City of Industry in 2024.

(Irfan Khan / Los Angeles Times)

State officials and election experts also have questioned why Homeland Security Secretary Markwayne Mullin suggested California had some 190,000 noncitizen voters on its rolls as recently as July if the number now stands at 20,000.

“What happened to the 170,000? You just got those wrong?” Bonta said. He also noted with derision that the administration’s lawsuit repeatedly hedges its assertions by saying that federal officials “believe” that noncitizens “may be” registered in California.

“You believe, or you know?” Bonta said. “They may be or they are?”

Kiersten Pels, a Justice Department spokesperson, said the 20,000 flagged voters “are the ones that have been manually verified” as ineligible, but that number “can and will go up” as federal authorities continue their work. She referred additional questions about the figures to Homeland Security, which did not respond to questions.

Becker said the administration’s figures “should be treated with serious skepticism,” given similar claims falling apart elsewhere. He cited a Homeland Security claim of about 16,000 noncitizens on Nevada voter rolls dropping to 185 voters before Nevada officials investigated and found every single one of those voters was a citizen.

California officials have not shown a similar interest in launching their own investigation.

In a letter to McCotter, Weber wrote that treating the 20,000 voters on the Justice Department’s list as “ineligible until proven otherwise” would not only violate the 90-day quiet period before an election, but amount to “an unprecedented suspension — and even denial — of voting rights.”

She said if the Trump administration has any proof for its claims, California would “review that evidence and any supporting data or methodology” and “take the appropriate steps in compliance with federal and state law” to address any problems. “However, I will not disenfranchise thousands of Californians — or order any county elections official to do so — based solely upon an unsupported and likely inaccurate ‘belie[f]’ that certain voters are ‘likely’ noncitizens.”

A spokesperson for Logan’s office said Friday that it was reviewing the Justice Department’s spreadsheet — in part to determine how many of the voters are actually in L.A. County — but had yet to receive requested information on the methodology used for flagging those voters.

Nevada Secretary of State Cisco Aguilar, chair of the Democratic Assn. of Secretaries of State, said the Trump administration’s efforts in California are “another attempt by the federal government to harass and intimidate elections officials,” and that their timing is “obviously a political attempt” to prevent voters — particularly Latino voters —from holding the Trump administration accountable for its failed leadership.

But he also said that California officials — to the extent they can under the law, and working closely with Bonta — should work to refute the Trump administration’s claims through their own review of the data, just as Nevada officials did.

“We are not afraid to defend our elections,” he said. “And California should take that same approach. You cannot be reactive to these situations. You have to be strategic.”

Oct. 10, 2026 7:06 PM PT

WASHINGTON — The U.S. Department of Justice is investigating whether the decision of the White House television press pool to halt coverage of President Trump last month violated antitrust law, an agency spokesperson said Saturday.

Emily Covington, a spokesperson for the department, said group boycotts among business competitors might violate U.S. law. “The Antitrust Division is simply investigating to determine whether these news organizations have violated the antitrust laws,” she said.

The announcement came after the television pool of five broadcasters last month ceased presidential coverage after the administration barred CNN, MS NOW and Politico from the White House because of coverage Trump disliked.

Messages were sent late Saturday to the five outlets seeking comment: ABC, CBS, CNN, Fox and NBC.

The White House press pool, which is a rotating cast of news outlets that covers the president, has become a proxy for the wider fight over whether the president, or anyone, can control the content of news reports — a type of free speech, a pillar of American democracy.

Last month’s developments marked an extraordinary escalation in Trump’s efforts to restrict news reporters and outlets that he finds insufficiently supportive.

CNN, MS NOW and Politico sued over the days-long ban. It was lifted after a judge handed the three news organizations a reprieve, which is in place until Tuesday.

Television pool coverage of the White House has also resumed.

Jose Zamora, the Committee to Protect Journalists’ regional director of the Americas, on Saturday criticized the administration’s decision to investigate.

“The government should not use antitrust investigations to intimidate news outlets defending press access,” Zamora said on X. “The public’s right to know depends on that access.”

Durkin Richer and Taxin write for the Associated Press. Taxin reported from Santa Ana.