federal judge

Justice Department can’t threaten election workers to stop processing ballots, judge rules

Safiyah Riddle, Geoff Mulvihill and Ali Swenson

A federal judge in California on Friday barred the Justice Department from threatening or coercing election workers to stop processing ballots.

The order issued by U.S. District Judge Trina L. Thompson in the Northern District of California was in response to a suit filed earlier Friday by labor unions seeking to bar the Justice Department from intimidating election workers.

Notably, the emergency order was issued without the Department of Justice weighing in on the case.

“Election Day is around the corner,” wrote Thompson, who was nominated by former President Biden. “Ballots have already been issued. Americans have already begun voting. Workers have already begun processing ballots. Given the consequences of inaction, the Court sees no reason to delay its ruling.”

It also bars the Justice Department from demanding local election officials segregate or not count ballots that the federal government deems may have been cast by ineligible voters.

“This ruling is a victory for the workers who make our elections possible and the communities they serve,” April Verrett, president of the Service Employees International Union, said in a statement Friday night.

The top federal prosecutor in Los Angeles, Bill Essayli, has warned that “any election official who knowingly processes the ballot of a noncitizen is opening themselves to legal jeopardy.”

On Thursday, the Associated Press obtained subpoenas issued to election officials in Los Angeles County. The subpoenas request any documents and communications related to letters sent in July and October by federal officials to state election officials outlining the allegations about noncitizen voters. They also seek any information about efforts to prevent noncitizen votes from being counted. At least three L.A. County election officials have been asked to appear before a grand jury the day after the election.

It is unclear whether the Justice Department intends to bring criminal charges against anyone. The department does not typically subpoena people whom it regards as targets of a criminal investigation to appear before a grand jury.

Outside groups win access to the disputed list

In another Friday ruling, another federal judge ordered the Trump administration to share the disputed list of names with lawyers for the Coalition for Humane Immigrant Rights and the UCLA Voting Rights Project. They want to examine who is on the list and assess its impact on eligible voters.

It will be the first time that a nongovernmental organization will have the opportunity to evaluate the merits of the list of some 20,000 names. The federal government promptly appealed the decision on Friday evening.

The Democratic candidate for California governor, Xavier Becerra, is an advisor to the UCLA Voting Rights Project.

The two groups sued the Homeland Security Department in early October to prevent it from using federal immigration data to challenge state voter rolls. The lawsuit cited examples in other states where the federal government’s data have been proven to mistakenly include thousands of citizens. It argued that the data-matching methods risk disenfranchising or deterring citizens from voting. On top of that, plaintiffs argued, the lists could disproportionately target naturalized citizens who are legally entitled to vote.

The Justice Department argues that there is just as much to lose if the ballots aren’t separated.

“Every ballot cast by an ineligible voter cancels out the vote of an American citizen,” Kiersten V. Pels, a spokesperson for the department, wrote in an email. “The Department makes no apology for protecting those votes.”

In a separate but related 9th Circuit Court decision on Friday, a panel of judges ruled that federal investigations into illegal voting by noncitizens will remain on hold in nine states until after election day.

The judges, all nominated by Democratic presidents, found that the aggressive and public investigations led some citizens to decide not to engage in election-related activities out of fear of being wrongly targeted.

The judges said the investigations, which are looking into alleged illegal voting in past elections, can resume after the midterms wrap up Tuesday.

Riddle, Mulvihill and Swenson write for the Associated Press. AP writer Swenson reported from New York; Mulvihill reported from Haddonfield, N.J.

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Kennedy Center Honors move to new venue amid building closure

The 49th Kennedy Center Honors gala will go on despite the recent closure of the Kennedy Center, with the event moving to the Capital One Arena in Washington, D.C., on Dec. 7. The honorees and a broadcaster for the program will be disclosed at a later date.

The annual event will take place amid an ongoing legal battle as President Trump attempts to add his name to the building.

Hours after a federal judge blocked the president’s attempt to restore his name, the Kennedy Center’s board voted on Sept. 15 to shutter the venue for renovations. Trump, however, threatened on social media to block the $250-million renovation, which he initially proposed, if his name weren’t added to the facade.

In mid-September, a picture of the president aboard Air Force One reviewing plans that were titled “Kennedy Center Demo[lished]” prompted panic as architectural, preservation and civic organizations asked the court for a “neutral officer to protect the building and institution.”

A federal judge ordered Kennedy Center leaders to provide 30 days’ notice before any changes, including demolition.

Last year’s Kennedy Center Honors gala, which recognizes artists who have contributed to American culture, was hosted by Trump and televised on CBS and Paramount. The ceremony, honoring Sylvester Stallone, Kiss, Gloria Gaynor, Michael Crawford and George Strait, earned the lowest ratings in its history. It was not announced whether Trump would return as master of ceremonies for this year’s event.

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