trump administration

Trump administration attempting to prosecute former FBI Director James Comey again

The Trump administration is attempting to prosecute James Comey for what it calls a decade-old leak of classified information, an effort the former FBI director’s lawyers immediately dismissed as legally invalid and outside the legal time limit for when the Justice Department can file a criminal indictment.

The allegations from the Justice Department were revealed Monday in newly unsealed court documents that shed light on a closed-door fight that represents an unmistakable escalation in the administration’s targeting of Comey, a longtime critic and foe of President Trump who has faced two other criminal cases since the Republican returned to the White House last year.

The effort to prosecute Comey is also part of a series of politically charged investigative actions the department has undertaken in the run-up to next week’s midterm elections.

“Well, they’re back — again,” Comey said in a video statement Monday. “It would almost be funny if it weren’t such an appalling abuse of the Department of Justice — one that we cannot become numb to. Nothing’s changed with me; I’m still innocent, I’m still not afraid of these people — and I still believe in the independent federal judiciary.”

The Justice Department said it had filed what’s known as a “criminal information” to extend the statute of limitations for charges in the case.

“Filing a criminal information to toll the statute of limitations is a widely recognized practice in federal court and has been approved by multiple Circuit Courts of Appeals. This is an ongoing criminal investigation, and we will not comment further,” a department spokesperson said.

Asked about the Comey case, Trump told reporters upon arriving back to Joint Base Andrews in Maryland late Monday following his rally in Mississippi that “I don’t know much about it. I just heard about it.”

He added, “He’s a dirty cop, James Comey. But I know nothing about it.”

An information can be filed without the approval of a judge or a grand jury’s finding of probable cause to a court. Comey’s lawyers made clear that they intend to fight the charges as invalid because the Justice Department did not file an indictment, which must be voted on by a grand jury, inside the 10-year statute of limitations required under the law.

“For the third time in little more than one year, the Department of Justice has attempted to charge Mr. Comey with a federal crime. Mr. Comey steadfastly maintains his innocence,” his attorney, Patrick Fitzgerald, said in a statement.

The allegation was previously investigated

The latest allegation concerns an October 2016 New York Times story related to a secret court order that required Yahoo to scan emails for messages potentially linked to a foreign terrorist organization. The story cited two government officials who spoke on the condition of anonymity about the order from a judge on the Foreign Intelligence Surveillance Court that Yahoo was barred from publicly disclosing.

Federal authorities, including prosecutor John Durham, began investigating the disclosure in early 2017. Durham, who later investigated the FBI’s conduct as it scrutinized potential ties between Russia and Trump’s 2016 presidential campaign, wrote a classified memo in December 2018 recommending no criminal charges against anyone in connection with the disclosure, Comey’s attorneys said in a recent court filing.

In January 2019, the U.S. Attorney’s office for the District of Columbia opened a second investigation of the same matter under the code name “Tropical Vortex.” But that investigation was closed without any charges filed in February 2020.

“Both times the Government determined that no charges should be brought against anyone. Now, ten years after the article was published, the Government filed an “Information” against Mr. Comey that was not approved by a judge nor issued by a grand jury. It purports to charge Mr. Comey with crimes that he did not commit,” Fitzgerald said.

Prosecutors in a newly unsealed filing said investigators found evidence that Comey “sought to correct misinformation which had appeared in the press by way of Reuters the day before” that New York Times story was published, directed his staff to speak to a journalist at the newspaper related to accuracy concerns “and thereby illegally transferred classified information.”

The criminal information was filed under seal on Oct. 5, 10 years after the 2016 story was published. “But,” Comey’s lawyers said, “the applicable statute of limitations explicitly demands an indictment within 10 years of the offense; an information does not suffice.”

They have asked a judge to dismiss the information, a request that is still pending.

Trump and Comey have a long and uneasy history

The first criminal case against Comey, filed in federal court in Virginia, accused him of having lied to Congress in 2020 but was dismissed by a judge who concluded that the prosecutor who brought the charges was illegally appointed. A separate pending indictment charges the former FBI director with threatening Trump through an Instagram photo of seashells in the numerical arrangement of “86 47,” a case Comey has sought to dismiss.

The prosecutions are part of a Trump retribution campaign that has even extended to Comey’s daughter, Maurene, who was fired from her job as a Justice Department prosecutor in New York last year in a termination that a federal judge on Monday ruled was illegal.

Comey was the FBI director when Trump took office in 2017, having been appointed by then-President Barack Obama, a Democrat, and serving before that as a senior Justice Department official in President George W. Bush’s Republican administration.

But the relationship was strained from the start, including after Comey resisted a request by Trump at a private dinner to pledge his personal loyalty to the president — an overture that so unnerved the FBI director that he documented it in a contemporaneous memorandum.

Trump fired Comey in May 2017 amid an FBI investigation into potential ties between Russia and Trump’s campaign. That inquiry, later taken over by special counsel Robert Mueller, found that while Russia interfered in the 2016 election and the Trump team welcomed the help, there was insufficient evidence to prove a criminal collaboration.

The two men have been bitterly at odds ever since Comey’s firing.

Comey in 2018 published a memoir, “A Higher Loyalty,” that painted Trump in deeply unflattering ways, likening him to a mafia don and characterizing him as “untethered to truth.” Trump, for his part, has repeatedly claimed that Comey should face charges for “treason” — an accusation Comey dismissed as “dumb lies” — and called him an “untruthful slime ball.”

The Justice Department has made a series of splashy moves in recent weeks , including a criminal complaint last Friday charging two former FBI officials with lying to Congress about their participation in investigations concerning Hunter Biden, and the search by federal agents of the Washington home of Democratic congresswoman Ilhan Omar of Minnesota.

Tucker, Richer and Kunzelman write for the Associated Press. AP writer Will Weissert contributed to this report.

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Immigrant detainee dies at San Diego ICE detention center

An immigrant detainee died Saturday morning at the Otay Mesa Detention Center in San Diego, marking the 61st such death under the Trump administration.

In an emailed statement, an unnamed spokesperson with CoreCivic, the Tennessee-based private prison company that operates the facility, confirmed the death. Per the spokesperson, a staff member at the Otay Mesa facility called in a medical emergency around 11:36 a.m. Saturday after finding an unresponsive person in their assigned living area.

Medical staff arrived quickly, began lifesaving measures and called for emergency medical services, the spokesperson said. EMS arrived and continued those efforts, but the person was pronounced dead at the facility.

“We are deeply saddened by the loss of anyone in our care,” the spokesperson wrote, adding that Immigration and Customs Enforcement was immediately notified.

ICE and the Department of Homeland Security did not immediately respond Tuesday to a request for comment. CoreCivic did not provide information about the person’s identity.

The death was first reported by Daylight San Diego.

San Diego County Supervisor Paloma Aguirre, in a statement Tuesday, wrote that ICE and CoreCivic must quickly reach the person’s family, cooperate with a thorough investigation and share what they find with the public. Aguirre said she asked the county public health officer to determine what kind of follow-up is possible under a state law that allows local public health authorities to inspect ICE facilities.

“Somewhere, a family is waiting for a phone call, and my heart is with them,” she wrote.

This is the seventh person to die while in ICE custody in California under this administration, and the first to die at the Otay Mesa facility since 2023.

Deaths have increased as the Trump administration detained record numbers of people, with the population at one point ballooning past 70,000 nationwide.

The most recent death reported by ICE was that of Luis Sandoval, 48, a Salvadoran immigrant who died of apparent suicide Friday. Staff at the Folkston D. Ray ICE Processing Center in Georgia found Sandoval with a ligature around his neck, according to an ICE news release.

ICE policy is to notify the public and Congress within two business days of a detainee’s death. More extensive reports about each death, which were typically three pages, must be released within 90 days, though those have been reduced to a few paragraphs.

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Judge extends court-ordered block on Trump’s renovation plans for public golf course in Washington

A federal judge agreed Monday to extend an order blocking the Trump administration’s renovation plans for a century-old public golf course in the nation’s capital.

U.S. District Judge Ana Reyes issued a preliminary injunction that temporarily bars the government from removing or damaging any additional trees on the East Potomac Golf Course. The administration must give 10 days’ notice in writing before making any “irreparable modification” to any “forms or features” of the course while the lawsuit is active.

“The Court earlier stated, ‘I am not the Lorax. I do not speak for the trees.’ The Court still does not speak for the trees. It speaks only for the rule of law,” Reyes wrote.

Reyes expressed astonishment that the government has asked her to “not to believe the sitting President” and disregard Trump’s statements about his plans for the golf course renovations.

“This started as a case about golf. That good walk spoiled. But it has become much more,” Reyes wrote. “It now forces the Court to reconcile assertions by President Donald J. Trump with the sworn testimony of multiple government employees and the argument of senior Department of Justice attorneys.”

On Oct. 18, Trump announced plans on social media to close the golf course for 15 months, starting Nov. 15, and redevelop the 106-year-old park and course despite a court challenge by the D.C. Preservation League and two golfers. A day later, Trump posted that the work would start immediately.

Reyes, who was nominated to the bench by Democratic President Biden, previously ordered the administration to suspend work on the project until at least Oct. 26.

Trump was asked about the case late Monday night as he arrived back at Joint Base Andrews in Maryland following a rally in Mississippi and indicated that work on the golf course will proceed as planned.

“It has the go-ahead. The judge feels that she would like to approve it as it goes along. And I didn’t know she was an architectural critic of golf courses,” Trump said sarcastically.

He added of the judge: “She knows nothing about that, so we’ll appeal that” while also calling his planned overhaul a “beautiful project for Washington, D.C.”

Trump later in a social media post reiterated a statement he made Oct. 18 that the course would close for 15 months. “We are closing the East Potomac Golf Course Site as scheduled on November 15th in order to renovate and rebuild for Competitive (with other such projects!), Safety, Modernization, and Aesthetic reasons,” he wrote.

The plaintiffs challenging the project, DC Preservation League and two golfers, claim the work is inflicting irreversible damage. At a hearing, the judge excoriated the government after workers cut down at least 400 trees over a holiday weekend with little notice to the plaintiffs.

The course renovation project is part of the Republican president’s aggressive campaign to leave his personal imprint on Washington’s historic landscape. Those plans include construction of a huge ballroom at the White House, a massive arch and the creation of a National Garden of American Heroes in West Potomac Park. DC Preservation League is part of a coalition of organizations, including the Cultural Landscape Foundation and one D.C. resident, who have filed lawsuit challenging those plans.

Reyes rejected the administration’s request for her to recuse herself from the case. The government questioned her impartiality and accused her of engaging in “egregious” behavior from the bench during an emergency hearing in the case.

In Monday’s ruling Reyes stressed that she had hoped the parties could have resolved their dispute without judicial intervention. She noted that she had denied plaintiffs’ previous requests.

“The Court would much prefer not to have to resolve Lorax v. Once‑ler redux. Indeed, for months, the Court declined to intervene,” she wrote.

But she said the government forced her hand by bulldozing hundreds of trees without any notice, doing “what it assured all it would not do.”

Reyes quoted from a golf-related opinion written by the late Supreme Court Justice Antonin Scalia, a conservative icon, in stressing the temporary nature of her own decision.

“Here, golf and government have again clashed,” Reyes wrote. “By issuing this preliminary injunction, the Court does not end the round: it simply marks the ball until the parties can fully and fairly litigate this case.

Democracy Forward President & CEO Skye Perryman, whose organization is co-counsel representing the plaintiffs, called the ruling “a big win that will rightly protect East Potomac Park from further irreparable harm.” She added, in an email, that the move will stop activities “while the case continues, and we are eager to argue the case in court.”

Kunzelman writes for the Associated Press. AP reporters Gary Fields and Will Weissert contributed to this report.

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9th Circuit denies feds’ appeal over 20,000 ballots; district court hearing to proceed

A federal appeals court Monday denied an emergency request from the U.S. Justice Department to step in and block California election officials from counting about 20,000 ballots from voters whose citizenship the Trump administration has questioned.

The three-judge panel of the U.S. 9th Circuit Court of Appeals — composed of two judges appointed by President Trump and one by President Biden — ruled that it did not have jurisdiction over the request, given that a lower district court has not yet made a ruling on it.

But two of the three judges also wrote separately to make clear they also would have denied the Trump administration’s request on other grounds, if they did have jurisdiction.

In an unsigned order — joined by Judge Mark J. Bennett, one of the Trump appointees, and Judge Gabriel P. Sanchez, the Biden appointee — the court granted a request from Los Angeles County to dismiss the appeal, writing that the Trump administration “failed to allow the district court adequate opportunity to consider” its request for a temporary restraining order barring the ballots from being counted before filing its unusual appeal to the appellate panel.

The court found that the “emergency” the Trump administration asserted was in part a “self-constructed one” and that delays in the district court were partly attributable to its “own delay in filing suit, in realizing that existing California state law governs the issuance and processing of ballots, in recognizing that California has millions of registered voters and processes ballots on a schedule aligned with that scale, and in communicating to the court its desired relief.”

Both Bennett and Sanchez also each wrote a concurring opinion — in which they made clear that they would have denied the Trump administration’s request even if they did have jurisdiction, too.

Sanchez wrote that federal law would bar the court from issuing such a demand on state elections officials so close to an election.

“The United States seeks to have a federal court dictate to California the manner in which it must administer its own electoral process by segregating mail-in ballots and undertaking a citizenship verification process the State has never done before,” Sanchez wrote. “The proposed injunction would transform California’s election rules for an election that is already underway and would cause widespread confusion among voters and election officials, divert election administration resources, and ‘usher in electoral chaos.’”

Bennett wrote that he would have denied the Trump administration’s emergency request for several reasons beyond jurisdiction, including that it would be likely unconstitutional under the Elections Clause of the U.S. Constitution, which he wrote “confers broad authority only on Congress and the States, not the Executive,” and Congress has not acted to say that California’s existing laws for ensuring only U.S. citizens vote are problematic.

“Thus, under the Elections Clause, the legislature’s statutory scheme remains as the only method to do so,” Bennett wrote.

Bennett wrote that there are existing California laws to deal with the harm the Trump administration claims it is suffering, but that granting its request to intervene could “result in immense hardship” to the state “and harm the public by risking the disenfranchisement of eligible voters and putting the entire tabulation process in jeopardy.”

Bennett wrote that the Trump administration “offered no workable plan of any kind as to how the remedy it seeks could be accomplished in practice without potential catastrophic consequences to California’s ongoing election.”

Judge Patrick J. Bumatay, the other Trump appointee, dissented — arguing the Trump administration was well within its legal rights to intervene, and the appellate court did have jurisdiction to grant its request and bar the state “from accepting and processing ballots likely cast by aliens until their citizenship could be verified.”

“The question — does the federal government have the power to stop this potential attack on the integrity of our elections? Under both federal law and the Constitution, the answer must be ‘yes,’” Bumatay wrote. “Simply, the federal government has a sovereign interest in safeguarding federal elections and ensuring that the votes of noncitizens do not undermine our electoral results.”

The ruling clears the way for the lower court to proceed with a hearing scheduled Tuesday afternoon before U.S. District Judge David O. Carter in Los Angeles.

Carter, an appointee of President Clinton, previously rejected an attempt by the Trump administration to obtain California’s full voter rolls, calling that demand unlawful and a threat to democracy in January. Other federal judges made similar rulings in dozens of states across the country.

The question at issue Tuesday — and hashed over by the appellate court during oral arguments Sunday — is whether the courts should bar the state, Secretary of State Shirley Weber and Los Angeles County Registrar-Recorder/County Clerk Dean Logan from processing and tabulating the flagged ballots until they can provide to the Trump administration proof that those individuals are citizens.

The Trump administration has argued in court filings that the federal government is suffering irreparable harm each day such counting is allowed to continue, as once California ballots are removed from their mail envelopes or cast in person, there is “no way to associate the voter with the ballot” or resegregate those ballots from others.

More than 3 million ballots have already been cast in the upcoming Nov. 3 midterm elections statewide, and more than 500,000 have already been cast in L.A. County.

Attorneys for California, Weber and Logan have argued in court filings that the administration’s demands to segregate 20,000 ballots and vet those voters for citizenship with just days to go before the election are impossible to comply with and would cause catastrophic disruptions if elections officials across the state were forced to try.

They have also said the demands are clearly unconstitutional, illegal under state and federal law, and based on federal immigration and third-party data sets that have been shown to be deeply flawed, inaccurate and inclusive of legitimate voters.

While the appellate court’s formal ruling Monday adhered closely to the technical issue of jurisdiction, its conversation Sunday did not — with both Bennett and Sanchez expressing substantial doubts about the lawfulness of the Trump administration’s request, just as they did in their separate concurrences.

Bennett grilled Matthew Donnelly, the attorney for the Justice Department, on how the executive branch’s demands squared with the U.S. Constitution, which explicitly gives states the power to set laws regarding the time, place and manner of elections and Congress — not the executive branch — oversight over those laws.

Bennett said that while the Trump administration is “unhappy” with how California law ensures voters are citizens — namely by requiring that they attest to their citizenship upon registration — the state has the right to determine its election laws under the Elections Clause of the Constitution, and Congress has not challenged its process.

“It seems to me that you want us to issue an injunction that is entirely inconsistent with the law the California Legislature has adopted pursuant to the Elections Clause,” Bennett said. “How can we do that?”

Bennett and Sanchez both questioned how the appellate court could step in and adjudicate whether to grant the Trump administration’s request to intervene in the state’s election when it is not a fact-finding body, and the district court was never given a chance to develop a record of facts — including around the dueling and contradicting claims about the origins and reliability of the federal government’s list of “likely” noncitizen voters and the state’s claims that an order forcing them to segregate out the votes at this late stage in the election would cause catastrophic harm to the election process.

Carter is sure to pick those issues back up on Tuesday.

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Ahead of midterms, Trump offers $1-million reward to voter fraud tipsters

President Trump offered $1 million Monday to anyone who reports voter fraud that leads to an arrest and conviction, escalating his efforts to cast doubt on the midterms as Republicans risk losing control of Congress.

“Anybody reporting Voter Fraud in the past Elections, or the upcoming 2026 Midterm Election, will be paid $1,000,000 upon the arrest and conviction of those that created the Fraud!” Trump posted on Truth Social.

The offer comes as the Trump administration has moved more aggressively to intervene in the midterms, including an effort in Alaska to invalidate a potential Democratic victory in a U.S. Senate race and a push in California to segregate ballots from voters the administration considers likely non-citizens.

Trump did not say how the tips should be submitted to the federal government or who would decide whether a claim qualifies for a reward. The White House declined to comment beyond Trump’s social media post.

Last week, the administration launched a separate program that is meant to pay people for providing information to the administration to combat fraud. When announcing it, Trump said he would personally decide who gets paid.

“I will be the arbitrator of all of these decisions,” Trump told reporters in the Oval Office. “In other words, I’ll determine whether or not the person is deserving, and I’ll determine, and I will be very generous.”

It is unclear whether Trump, who has spread false claims about the nation’s voting systems and routinely questions the integrity of the elections, intends to play a similar role over the voter fraud tipping system.

In the lead up to the midterms, Trump has tried to assert more control over the elections, calling on Republicans to “nationalize” voting and pushing for restrictions on mail-in ballots. Trump has also cast doubt over the integrity of California’s primary election, claiming without evidence that Democrat cheated — an allegation that was investigated by the U.S. attorney’s office in Los Angeles, which is run by a Trump loyalist.

Even as Trump says he wants “honesty in our elections,” the president told supporters at the Republican Party convention in Dallas in September to “cheat like hell, like they do.”

Trump’s efforts to cast doubt over voting come as polls show Republicans facing headwinds heading into the Nov. 3 election as Trump’s popularity sags amid voter concerns over the economy.

As Trump has tried to rally supporters in red states, he has also vowed to give every American adult $5,000 if Republican retain control of Congress. The promise drew bipartisan criticism, with some even calling the idea a potential bribe.

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Judge rules Maurene Comey, daughter of ex-FBI director, was unlawfully fired by Trump administration

Michael R. Sisak, Eric Tucker, Alanna Durkin Richer and Larry Neumeister

Associated Press

The Trump administration last year illegally fired Maurene Comey, the daughter of former FBI Director James Comey, from her job as a federal prosecutor in New York, a federal judge ruled Monday.

Maurene Comey, who was an assistant U.S. attorney for a decade, was illegally fired in July 2025 despite her work on some of the nation’s highest-profile cases and consistently receiving “the highest accolades from supervisors and peers alike,” Judge Jesse M. Furman found.

After her firing, Comey sued the Justice Department and others, saying her termination violated the constitutional separation of powers, the 1st Amendment and the Due Process Clause of the 5th Amendment.

She asserted that she was fired because she was the daughter of James Comey, whom President Trump has long viewed as an enemy, or because of her perceived political affiliation and beliefs, the judge noted.

Furman rejected the government’s claim that Comey could be fired because federal prosecutors exercise the president’s “conclusive and preclusive” powers.

He said the government’s claim that Congress is barred from regulating the removal of federal prosecutors “flies in the face of nearly two centuries of Supreme Court precedent.”

Furman added: “Indeed, to accept Defendants’ argument would be to unsettle the very equilibrium established by this Nation’s constitutional system.”

The firing violated the separation of powers, the Administrative Procedure Act and her 5th Amendment due process and statutory rights, the judge ruled.

Furman reserved judgment on Comey’s 1st Amendment claim pending further arguments to be submitted by each side, though he said he was inclined to dismiss the claim because it was largely moot since she is now in private practice and no longer seeks actual reinstatement.

The judge granted Comey retroactive reinstatement and back pay from the date of her firing through Dec. 20 to “make her whole” and ensure that she doesn’t suffer adverse employment consequences for the “unlawful termination.”

Comey’s lawyers, Ellen Blain, Nicole Gueron, Deepa Vanamali and Margaret Donovan, lauded the ruling.

“This hard-earned victory belongs to Ms. Comey, to all civil servants, and to all fighting for the rule of law,” they said in a statement. “As the Court correctly held, to accept the government’s argument about unlimited executive power ‘would be to unsettle the very equilibrium established by this Nation’s constitutional system.’ This decision reaffirms our bedrock system of checks and balances: the President is not above the law.”

The Justice Department didn’t immediately respond to an email seeking comment.

The Justice Department during the Trump administration has fired scores of career employees, including prosecutors and FBI agents, who participated in investigations of President Trump or who were perceived as opposed to the administration’s agenda. Some of those firings have also resulted in federal lawsuits.

The firing of Maurene Comey was seen as particularly personal, given her father’s longtime adversarial relationship with Trump.

The president fired James Comey as FBI director in May 2017 as the bureau was investigating ties between Russia and the Republican’s successful 2016 campaign for the White House. Trump in the years since has repeatedly called for Comey to be jailed, and his Justice Department has worked with mixed success to make that happen.

An earlier criminal case accusing James Comey of having lied to Congress in 2020 was dismissed by a judge who concluded that the prosecutor who filed the charges was illegally appointed. A separate pending indictment charges the former FBI director with threatening Trump through an Instagram photo of seashells in the numerical arrangement of “86 47,” a case he has sought to dismiss that some legal experts have greeted with skepticism.

Sisak, Tucker, Durkin Richer and Neumeister write for the Associated Press. Tucker and Durkin Richer reported from Washington.

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9th Circuit panel questions basis for feds’ request to block 20,000 California ballots

In a rare Sunday hearing, a federal appeals court judge appointed by President Trump questioned how the Trump administration’s request to intervene in California’s ongoing midterm election in order to force state officials to set aside 20,000 ballots from voters whose citizenship it questions squares with the U.S. Constitution.

Judge Mark J. Bennett said that while the executive branch is “unhappy” with what California law requires for ensuring voters are citizens, the state has the right to determine the manner of its elections under the Elections Clause of the Constitution and Congress has not challenged that process, despite having the ability to do so.

“It seems to me that you want us to issue an injunction that is entirely inconsistent with the law the California legislature has adopted pursuant to the Elections Clause,” Bennett said. “How can we do that?”

Matthew Donnelly, a Justice Department attorney, said the Trump administration has good reason to believe those ballots are from ineligible noncitizen voters, and has the legal right under seperate federal criminal law to challenge their tabulation until state officials can prove otherwise.

Donnelly said both federal criminal law and state election law bar noncitizen voters from casting ballots, but “the problem is that California isn’t interested in enforcing that provision.”

The exchange came during an hour-long hearing before a three-judge panel of the U.S. 9th Circuit Court of Appeals, over the Justice Department’s unprecedented emergency request that the court order California Secretary of State Shirley Weber and Los Angeles County Registrar-Recorder/County Clerk Dean Logan to immediately stop counting ballots from the 20,000 flagged voters until they can definitively prove those voters are U.S. citizens.

The appellate panel — on which Bennett was joined by circuit Judges Patrick J. Bumatay, another Trump appointee, and Gabriel P. Sanchez, an appointee of President Biden — did not issue a ruling, though a decision is expected soon given the emergency nature of the appeal.

How it will rule is unclear, though both Bennett and Sanchez hammered Donnelly with questions about how the Trump administration’s position squared with the law.

Rick Hasen, director of the Safeguarding Democracy Project at UCLA School of Law, wrote online Sunday that the court seemed “very likely to reject” the Trump administration’s appeal, with Bennett and Sanchez having “expressed great skepticism on both jurisdiction and the merits.”

In addition to questioning its constitutionality, Bennett also questioned how the appellate court even had jurisdiction over the case, given that the Trump administration appealed the matter to the appellate court before the lower district court had a chance to assess the facts in the case or issue an order.

“How do we have jurisdiction when the district court has said it’s going to rule expeditiously?” Bennett said. “I don’t see how we have jurisdiction.”

Bennett also questioned why the appellate court should ignore the claims of state elections officials that having to comply with the Trump administration’s demands in the few remaining days before the Nov. 3 election would be catastrophically disruptive to the election, given that the lower court has had no chance to assess those claims.

“Isn’t that sufficient to give us pause as to whether we should do exactly what [a state expert] avers is going to cause a catastrophe?” Bennett asked.

Bennett’s questions evoked many of the arguments made by the state in its own filings in the matter, which were repeated by California Deputy Solicitor Gen. Samuel P. Siegel during the hearing.

Siegel said there was “nothing” for the appellate court to review, given there has been no fact finding and no order out of the lower court, and that the administration’s demands were unconstitutional and illegal. He said the court did not have to wrestle with many of the arguments being put forward by the Trump administration, because it should simply reject the appeal for lack of jurisdiction and send the matter back down to the lower court.

Bumatay appeared most interested of the three judges in the damage done when noncitizens do vote, and the underlying question of how the state should handle objections to alleged noncitizen voters when they arise.

Siegel and Seth Waxman, an attorney for Logan, said there are existing processes for that — which require the challenger to present extraordinary proof, which they said the Trump administration has not done for the 20,000 voters it has flagged.

Sanchez repeatedly questioned the provenance of the administration’s list, asking which third parties were involved in providing the data. Donnelly could not answer, which Sanchez said raised questions about the reliability of the list.

The Justice Department appealed the case after a lower district court judge declined to immediately rule last week on its request for a temporary restraining order barring California officials from tabulating the flagged ballots.

In court filings, the administration argued that once mail ballots are removed from their envelopes in California, or a ballot has been cast in person, there is “no way to associate the voter with the ballot” or resegregate it from other cast ballots.

Attorneys for California, Weber and Logan have argued the demands are illegal, impossible to comply with before the Nov. 3 election and based on deeply flawed federal immigration and third-party data sets shown to be inaccurate and inclusive of legitimate voters.

In court filings, they have argued that the Trump administration’s argument “rests on mere suspicion, aroused by suspect data,” and that its lawsuit is at best “a reckless political stunt” and at worst “threatens to disenfranchise thousands of Californians this election.”

Independent elections experts have said the Justice Department’s efforts break with longstanding department policy of not wading into election-related issues within 90 days of an election, to avoid disenfranchising legitimate voters.

They also have said the Trump administration’s lists of alleged noncitizen voters and its authority to intervene are both questionable, including because the U.S. Constitution empowers states to run elections with oversight from Congress, not the executive branch.

The Justice Department sued California, Weber and Logan on Oct. 15, two days after Acting Deputy Atty. Gen. Trent McCotter wrote to Weber and Logan giving them 48 hours to set aside the ballots for the 20,000 flagged voters — whom McCotter claimed were “likely noncitizens.”

First Assistant U.S. Atty. Bill Essayli, the lead federal prosecutor in L.A., has claimed federal authorities have “overwhelming evidence” that tens of thousands of noncitizens are registered to vote in California, and has defended the methods used to identify those voters. He and other federal prosecutors in the state also recently charged 28 legal permanent residents in California with election-related crimes, including illegally registering to vote.

On Friday, the Justice Department sent letters to county elections offices statewide with demands that they segregate ballots from voters the Trump administration believes are noncitizens, drawing from the same list of 20,000 at issue in the case against Weber and Logan. In those letters, the Justice Department gave the county officials 48 hours to comply, and threatened them with criminal punishment if they refuse.

State officials have said neither Essayli nor other Trump administration officials have provided proof to back up their claims, and that their list of 20,000 voters is clearly inaccurate. Logan said a preliminary review of a subset of those voters found many were born in the U.S., weren’t registered and had never voted.

More than 3 million people have already cast ballots in California — and more than 500,000 have already done so in Los Angeles County.

The challenge to the 20,000 ballots in California is just the latest Trump administration attempt to intervene in state-run elections ahead of the midterms.

Federal judges in dozens of states have rejected Justice Department lawsuits demanding the states turn over their voter rolls to the Trump administration. Federal judges also have rejected multiple Trump executive orders trying to institute national voter ID and citizenship checks, and his administration’s attempt to empower the U.S. Postal Service to vet mail ballots.

Other cases — including over the Trump administration using unproven and inaccurate federal data sets to question the citizenship of state voters — are pending.

Democrats and voting rights groups are also bracing for fresh litigation from the Trump administration to challenge the outcome of pivotal election results the president doesn’t like — and are already defending against a lawsuit the Justice Department brought at Trump’s urging in Alaska, preemptively challenging a Democratic win in the Senate race there based on a third candidate sharing a similar name as the Republican incumbent.

Times staff writer Brittny Mejia contributed to this report.

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Blanche says Trump isn’t trying to meddle with Alaska election

U.S. Atty. Gen. Todd Blanche on Sunday defended the Trump administration’s lawsuit to block certification of Alaska’s Senate results if Republican incumbent Dan Sullivan loses the race, arguing that the legal challenge was a necessary step to avoid confusing voters in the closely watched midterm race.

Some election experts have said the move is another attempt by the Trump administration to meddle in the Nov. 3 midterm elections in the event Republicans don’t fare well. Democrats as well as some Republicans have criticized it.

Blanche, however, said on CNN’s “State of the Union” that President Trump — who said Friday in reference to the lawsuit that he was “the one that said do it” — is not trying to overturn state election results “in any way, shape or form.”

“We wish that we didn’t have to do this. We hope for a resolution that works,” Blanche said.

Republicans fear that a second candidate on the ballot who is named Dan Sullivan — a retired teacher and school administrator from the tiny fishing community of Petersburg — could siphon away votes from the GOP senator and tip the outcome in favor of Democrat Mary Peltola, a former congresswoman. Because Alaska has ranked-choice voting, there are more than two candidates on the general election ballot.

A day after the lawsuit was filed Thursday, Peltola called it “just flagrant, flagrant corruption, in my opinion,” and a diversion tactic by Republicans. Alaska’s other Republican senator, Lisa Murkowski, also criticized the lawsuit in a social media post.

Trump told reporters Sunday that he believed the ballot was illegal because it was unfair and that Sen. Sullivan should be identified to voters as the sitting senator. Courts, however, have ruled otherwise, upholding both Sullivans’ spots on the ballot.

“At least let him use the name Sen. Dan Sullivan as opposed to incumbent, because a lot of people don’t know what incumbent means,” Trump said.

Alaskan voters will see “Dan S. Sullivan” identified as a “registered Republican” and “incumbent” on their ballots, while “Daniel J. Sullivan Jr.” is listed without party affiliation.

Blanche represented Trump as a personal attorney — including the case in which Trump was convicted of felony fraud — before the Republican president appointed him to lead the Department of Justice, which filed the lawsuit in Alaska. Blanche defended Trump in his election inference case before voters elected Trump to a second White House term, effectively ending the criminal prosecution.

Blanche told CNN host Dana Bash that it was “crazy” for her to ask him if Trump was trying to lay the groundwork for the same sort of election challenges that occurred before a mob of his supporters stormed the U.S. Capitol on Jan. 6, 2021 — the source of the election interference case, in which Trump was indicted on felony charges, and for which he was impeached.

“We are not doing anything improper. We’re not doing anything we’re not allowed to do. And we have to let the process play out,” Blanche said. “But I do think it’s important for the American people to understand that we are not — [and] President Trump is not — trying to take over a state election in any way shape or form.”

The lawsuit, Blanche said Sunday on CBS’ “Face the Nation,” is meant to “put guardrails in place” to preserve possible evidence of voter confusion at the polls.

“It’s not saying, ‘Don’t certify.’ It’s saying, ‘If a court ultimately determines that it was decided because of confusion and not the will of the voters, then we do not think the states should certify.’ And that’s consistent with federal law and consistent with even Alaskan law, if that happens,” he said.

Kunzelman writes for the Associated Press. AP writer Josh Boak contributed to this report.

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Trump’s border chief defends wall plans in Texas’ Big Bend despite a court setback

The Trump administration’s top border official defended plans to build a wall and other infrastructure in Texas’ Big Bend region despite mounting opposition against the project and a court-ordered pause on construction, saying his goal of fortifying the country’s borders was “non-negotiable.”

In an exclusive interview with the Associated Press, Customs and Border Protection Commissioner Rodney Scott argued that the $46-billion wall project was justified despite a bipartisan coalition of landowners, local businesses and environmentalists who view it as a waste of taxpayer money that could be destructive to a region with historically low migrant crossings.

“Our No. 1 goal right out the gate is we have to know who and what is coming into the United States,” Scott said on Thursday. If the Big Bend region were left without a wall or other border infrastructure while other areas along the border get those fortifications, he said, “I am 100% convinced it will be completely overrun and destroyed.”

The fight over Big Bend has become a major test for how far the Republican administration is willing to go for the border wall, President Trump’s signature infrastructure project.

Scott, a former Border Patrol agent, was tapped by Trump to complete it.

His agency is responsible for executing a plan funded last summer by Republicans in Congress to line the roughly 2,000-mile border with Mexico with a mixture of 30-foot-tall steel walls, vehicle barriers, new roads and surveillance technology to prevent illegal immigration and smuggling.

The Trump administration says it is building about 12 miles a week. Scott, who gets daily progress updates, said it will be complete by the end of Trump’s second term. The primary border wall — some areas also get a secondary layer — will be done by the end of December 2027.

“We’re actually ahead of schedule,” Scott said.

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Charlie Angell stands on an overlook of the Rio Grande river

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Pamela Priddy, center, holds up signs with others during a weekly protest

1. Charlie Angell stands on an overlook of the Rio Grande river 2. Pamela Priddy, center, holds up signs with others during a weekly protest against barriers along the border in the Big Bend region, Saturday, Sept. 26, 2026, in Study Butte, Texas. (John Locher / Ap Photo/john Locher)

Big Bend is a test for the Trump administration’s plans for the wall

The wall plan has run into resistance in places like Big Bend. The Trump administration was dealt a major setback earlier this month when a judge ordered a pause on border wall construction in the region, citing what could be a likelihood that plaintiffs “will suffer serious, irreparable harm without an injunction.” The administration has asked the Supreme Court to lift the order.

The ruling included any construction in Big Bend National Park, an area that has seen a loud bipartisan outcry, including from some Republican lawmakers.

After bulldozers were spotted in the park tearing up ground in August, Scott ordered a pause on all construction-related activity there while he went to talk to people in the region. He said the agency is making other outreach to locals to discuss how to build projects so they don’t mar the park.

“We’re talking through and figuring out what is the right solution for that area,” he said.

Scott said he can’t get into specific details on what the agency’s plans are for the park because of the numerous ongoing lawsuits, but he reiterated that the project won’t include tall steel walls.

He also said that the agency’s stated goal of protecting the country and knowing what’s coming in and going out is “non-negotiable.”

He said the region’s formidable natural barriers were not enough to prevent people from entering the country illegally through other more navigable points. And he expressed concern that cartels that control smuggling from Mexico into the U.S. would exploit any opening.

CBP has come under fire for immigration enforcement tactics

Scott leads an agency of 67,000 employees responsible for controlling who and what comes into the country through official border crossings like airports or seaports and stopping illegal smuggling and migration outside those official border crossing points.

The agency came under heavy scrutiny last year when its officers were sent into cities deep inside the country to help carry out Trump’s immigration crackdown alongside Immigration and Customs Enforcement.

Agents with the Department of Homeland Security patrol in a neighborhood

Agents with the Department of Homeland Security, which includes Immigration and Customs Enforcement, Border Patrol and Customs Enforcement patrol in a neighborhood after apprehending a person on Jan. 31 in St. Paul, Minn.

(Eric Thayer/Los Angeles Times)

As protests against an operation rocked Minneapolis, a Border Patrol officer and a CBP officer both fired shots in an encounter that killed a U.S. citizen, Alex Pretti. The shooting eventually prompted the Trump administration to wind down high-profile city-based crackdowns. A CBP officer who was the face of the missions, Gregory Bovino, who led a helicopter raid at a large apartment building and used chemical agents to confront demonstrators, retired earlier this year.

Scott said while CBP still helps ICE, it’s now less involved in immigration enforcement far from the country’s borders because ICE has since hired more officers to its ranks. Scott wouldn’t comment on the investigation into the Pretti killing, saying that it was being handled by the FBI and was ongoing. And when asked about Bovino’s tactics, he said the officer didn’t report to him during the operations.

Scott spoke to the AP just outside the border with Canada, where he met with border security representatives from other countries to share information about threats and trends. During his trip, he visited an operations center where he said Canadian and American law enforcement work together.

That border has far fewer threats than the U.S. border with Mexico. Scott said cartels in Mexico are increasingly sending drones into the United States to move contraband and keep tabs on Border Patrol agents. In Mexico, the cartels have been using drones to attack each other or Mexican law enforcement.

The Department of Homeland Security, which includes CBP, recently announced temporary flight restrictions targeting unauthorized drone activity in a zone extending a mile north of the U.S.-Mexico border as a way to counter cartels.

“We want to make sure,” Scott said, “that threat does not come into the United States.”

Santana writes for the Associated Press.

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Trump administration files lawsuit to block possible Democratic win in Alaska Senate race

The Trump administration has filed a lawsuit to block certification of the Senate race in Alaska if Republican Sen. Dan Sullivan loses the contest while another candidate with the same name is on the ballot, kicking off what many have feared could become a lengthy battle between the U.S. government and states over certifying an election where the president’s party is struggling.

Many in both parties believe the fight could come down to Alaska, where Sullivan faces Democrat Mary Peltola. Also on the Alaska ballot is a Daniel J. Sullivan from the tiny fishing community of Petersburg. He has said he decided to run on his own, but Republicans have contended he’s a Democratic plant to siphon votes away from their candidate.

On Thursday, the Department of Justice filed a lawsuit in federal court in Alaska demanding that the state be blocked from certifying a Peltola win if the other Sullivan remains on the ballot. “The United States accordingly brings this lawsuit to protect the integrity of the 2026 Senate election in Alaska,” the lawsuit alleges, contending that federal law requires states to protect the integrity of federal elections.

The Alaska Supreme Court rejected previous Republican efforts to remove the other Sullivan from the ballot, and the state’s Republican officials made the decisions about how to list him on the ballot. The other Sullivan will appear without a party designation next to his name, while the senator will be listed as the Republican incumbent. Alaska’s ranked choice voting system also will allow voters to select both of the men if confused.

The Trump Department of Justice has increasingly been used to bolster the president’s political operation, targeting his enemies and filing lawsuits against Democratic-controlled states in the run up to the election. Democrats and many voting rights advocates have long feared the Trump administration will try to block certification of elections the president’s party loses much as Trump unsuccessfully tried to do when he lost the 2020 presidential election.

Earlier Thursday, U.S. Atty. Gen. Todd Blanche told reporters that was unlikely outside of extreme circumstances. “It is not DOJ’s intention to and it’s never our intention to improperly interfere with elections or the state certification process,” the attorney general told reporters in Virginia.

Derek Muller, a law professor at Notre Dame University, said the lawsuit will likely only kick in if Republicans narrowly lose the Alaska Senate race and that it does not seem to have legal merit. “The statute simply doesn’t let the Department of Justice enjoin certification,” he said.

Riccardi writes for the Associated Press.

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Trump administration stopped sharing evidence in Good and Pretti killings, Minnesota officials say

The federal government has stopped sharing evidence with Minnesota authorities who are investigating the killings of Renee Good and Alex Pretti by federal officers, state officials said in recent court filings.

Minnesota officials sued President Trump’s administration in March for access to materials they said they needed to independently investigate the shootings during Trump’s immigration crackdown in Minneapolis earlier this year. The Trump administration has suggested that state prosecutors don’t have jurisdiction to investigate federal officers, while Minnesota officials have said they don’t trust the federal government to investigate itself.

The state is still seeking the cell phones of the officers involved in both shootings and recordings of key interviews.

State prosecutors announced in July that the federal government had begun turning over evidence in the cases, including police body camera video and hard drives containing statements. Hennepin County Attorney Mary Moriarty said at the time that the state expected to receive “all the evidence.”

But Minnesota investigators said in October court filings that the transfer of evidence stopped soon after the July announcement. Moriarty said the U.S. Attorney’s Office for Minnesota told her on Sept. 10 that evidence sharing would be on pause indefinitely “in light of challenges with D.C.,” according to the documents.

State prosecutors have again asked a judge to order federal agencies to hand over the evidence, arguing they “have identified no legal authority or rational basis justifying their obstruction of state criminal investigations.”

In a reply filed Tuesday, attorneys for the Justice Department argued it’s within their discretion to decline to share information with state authorities. They cited the department’s rules for responding to record requests, known as the Touhy regulations, which apply only when formal legal proceedings are underway. The attorneys said there was no active court case when Minnesota made its requests.

Drew Evans, superintendent of the Minnesota Bureau of Criminal Apprehension, said in a legal declaration that federal authorities still have Good’s clothing, the cell phone of the officer who killed her and interview recordings that state authorities have never been able to view.

An Immigration and Customs Enforcement officer fatally shot Good, a 37-year-old mother of three, while she was leaving a Minneapolis protest on Jan. 7. Bystander video shows Good in the driver’s seat of an SUV, repeatedly honking the horn, when masked immigration officers order her to step out of the vehicle. She starts to pull forward, and an officer standing in front of the car fires at her windshield. The officer, now standing about an arm’s length from the open window on the driver’s side, fires twice more, according to an analysis of the videos by The Associated Press and others.

Federal officials at the time said the officer acted in self-defense.

Good’s death and that of Pretti, a 37-year-old intensive care nurse who was killed weeks later by a federal officer in Minneapolis, ignited nationwide protests against the Republican president’s immigration enforcement efforts.

No criminal charges have been filed in connection with the fatal shootings.

Evans said the federal government also has not shared a recorded statement from an officer who shot Pretti, the firearms used by the officers, their phones, projectiles and casings, and a gun taken from Pretti before he was shot.

Schoenbaum writes for the Associated Press.

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Judge limits election-related immigration stops amid broader legal war ahead of midterms

A sweeping campaign by federal immigration agents to identify voter fraud by noncitizens through door knocks, street stops and other field interviews in California and eight other states must be reined in ahead of the Nov. 3 election, after a federal judge in Northern California ruled it has intimidated U.S. citizens and interfered with the work of voting rights groups.

Judge Araceli Martínez-Olguin said in a ruling Wednesday that limiting the Department of Homeland Security’s surging operations in those states — which she wrote “sweep in U.S. citizens for investigation” — does not prevent the Trump administration from “exercising their authority to investigate voter fraud by lawful means.”

A Homeland Security spokesperson said the agency is “laser focused on identifying, prosecuting, and removing aliens who vote,” and has “no plans to question or investigate people we believe to be U.S. citizens.”

The ruling was the latest to come out of an unprecedented legal war playing out between the Trump administration and California in recent days, in which an array of election cases are working their way through the federal courts at breakneck speed.

There is, for example, the lawsuit the U.S. Justice Department filed against California and state and local elections officials last week, demanding that they set aside any ballots from a list of 20,000 individuals identified by immigration officials as “likely noncitizens.”

There are also two cases out of Washington, D.C., in which a coalition of Democratic leaders, immigrant rights groups, voting rights experts and naturalized citizens in California are challenging the Trump administration’s use of Homeland Security data to target voters.

The litigation is playing out amid an intense political debate about election security at the national level — driven in part by President Trump, a longtime election denier — and a sweeping campaign by his administration to root out and parade examples of alleged voter fraud in the final days before the election.

White House, Homeland Security and Justice Department officials have all defended the administration’s efforts as necessary to ensure that noncitizens are not illegally diluting the votes of U.S. citizens. First Assistant U.S. Atty. Bill Essayli, the lead federal prosecutor in Los Angeles, has claimed to have “overwhelming evidence” that tens of thousands of noncitizens are doing so in California.

‘That is not normal’

Democratic leaders and prominent elections experts, meanwhile, have cast the administration’s claims as baseless and intentionally exaggerated to stoke uncertainty about election security and ultimately challenge midterm results the president doesn’t like, and the Justice Department’s legal arguments as fundamentally flawed and wildly out of line with long-established department policy to stay out of elections in the lead up to voting.

“That is not normal. We have literally never experienced that in American history. Not once,” said David Becker, executive director of the nonpartisan Center for Election Innovation & Research and a former Justice Department elections attorney. “The fact that the administration appears poised for the first time to act as an adversary to the states and counties who have [the] undisputed constitutional authority to run elections? That is unusual.”

At the same time, Becker and other experts stressed that those efforts to date have failed, and state and local elections have largely proceeded in recent weeks without incident, with millions of Americans having already cast their ballots.

“California voters need to know that they’re in good hands, that we have leaders at the state and local levels who are protecting our ballots and are ensuring that these attempts by the federal government to root out supposed noncitizen voting are not going to prevent Californians from casting our ballots,” said Kim Alexander, president of the California Voter Foundation. “Part of the strategy here is to distract people and scare people and raise fears, and the important thing is to continue to stay focused on … making a plan to vote.”

Status of cases

Federal courts have already rejected multiple Trump executive orders seeking to enforce nationwide voter ID and citizenship requirements. The Supreme Court blocked an administration plan for the U.S. Postal Service to vet mail ballots. The Justice Department has compiled a stunning record of losses in its 30 lawsuits demanding state voter rolls — with 26 of those cases, including the one in California, so far dismissed.

And election experts said they expect the Trump administration to rack up more losses in coming days — including in the Justice Department’s case challenging California officials’ refusal to segregate the ballots of some 20,000 voters based on the administration’s unsubstantiated claims they are noncitizens.

U.S. District Judge David O. Carter, shown in 2023.

U.S. District Judge David O. Carter, shown in 2023, is overseeing a lawsuit in which the Department of Justice says 20,000 California ballots may have been sent to “likely noncitizens.”

(Genaro Molina/Los Angeles Times)

That case was taken up — and scheduled for a Tuesday hearing — by Judge David O. Carter, an appointee of President Clinton who in January rejected the administration’s demand for California’s voter rolls, calling it a clear federal overreach that would have a “chilling effect” on voters and threaten American democracy.

California has called for the case to be dismissed outright, on the grounds that the administration has zero authority to make such demands, and that the demands are unlawful. The Trump administration has asked Carter to immediately rule in the matter.

“Every minute of [ballot] processing that occurs without segregating the ballots of suspected non-eligible voters causes untraceable disenfranchisement and dilution of the votes of United States citizens,” wrote Julie Hamill, an assistant U.S. attorney in Essayli’s office.

In D.C. federal court, Judge James E. Boasberg set an Oct. 30 hearing in a case in which UCLA Voting Rights Project attorneys, the Coalition for Humane Immigrant Rights, or CHIRLA, and a California voter named Pedro Trujillo are challenging the administration’s use of unproven federal databases to allege California voters aren’t citizens.

Carl Bergquist, an attorney for CHIRLA, said he looked forward to bringing a host of recent Trump administration actions to the court’s attention — including the administration’s lawsuit against California, the charging this week of 28 legal permanent residents in California with election-related crimes, and Trump’s threats to arrest California elections officials who don’t comply with his administration’s demands.

“The events of the last few days, from threats to state and local officials, increased general immigration operations, the random knocking on doors by federal agents and the recent arrests are causing a chill in the community,” Bergquist said. “People, including naturalized citizens, are making their plans to vote and the Federal Government is doing its utmost to quash their attempts to exercise this fundamental right that they have lawfully acquired.”

The argument that naturalized citizens are being intimidated also features prominently in a second lawsuit filed in D.C. federal court Tuesday, in which top Democrats in Congress joined Nevada party officials and a California immigrant named Erick Jose Jimenez to challenge the Trump administration’s unprecedented voter fraud probes.

That lawsuit, also assigned to Boasberg, says Jimenez, a naturalized citizen since 2006, fears being “unlawfully targeted for voting and disenfranchised (or worse).”

Justin Levitt, a Loyola Law School professor who studies elections and was a senior policy advisor on democracy and voting rights in the Biden White House, said there is “so much noise” around the election right now, in part because the administration has been making wild legal arguments about its authority over elections.

But he said “none of the federal government’s attempts to assert power that they do not have are working,” and voting “for 99.999% of the public” will remain “wonderfully normal.”

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Top Democrats join California immigrant, Nevada group to sue over federal election probes

Top Democrats in Congress have joined a California immigrant and the Nevada State Democratic Party in suing the Trump administration over its unprecedented voter fraud probes in both states and broader efforts to meddle in state-run elections nationwide — alleging they are a “pretext to seize control over elections.”

The lawsuit, filed in federal court in Washington, D.C., late Tuesday, accuses President Trump, Homeland Security Secretary Markwayne Mullin, Atty. Gen. Todd Blanche and the agencies they lead of using “shoddily compiled lists of supposed noncitizens” and “coercive threats of legal retaliation against state officials” to assert federal control over the Nov. 3 midterms.

In addition to Senate Minority Leader Chuck Schumer, House Minority Leader Hakeem Jeffries and several national Democratic groups, the plaintiffs include Erick Jose Jimenez, an “active California voter” and naturalized U.S. citizen since 2006 who now “fears that he will be unlawfully targeted for voting and disenfranchised (or worse)” given the Trump administration’s track record of misidentifying naturalized citizens as noncitizens.

Lauren Bis, a White House spokesperson, said in a statement that while “Democrats and the media continue to dismiss concerns about voter fraud, the Trump Administration is taking decisive lawful action to protect our elections,” including by “prosecuting election crimes, strengthening election infrastructure security, and protecting vulnerable voters from fraud and coercion.”

“Anyone who illegally votes in our elections will be held accountable,” Bis said.

A Justice Department spokesperson said “election integrity is a top priority” and that the department’s actions are “grounded in the law and being litigated in open court.” A Homeland Security spokesperson said it is “laser focused on prosecuting and removing aliens who vote and preventing the dilution of the votes of U.S. citizens.”

Officials from both agencies have asserted that California and other states have ineffective policies for ensuring noncitizens do not vote — relying in part on voters attesting to being citizens — and staunchly defended their own processes for identifying noncitizens on state rolls.

Democrats and leading elections experts say isolated voter fraud does occur and should be taken seriously, but that there is no evidence of widespread fraud.

Tuesday’s lawsuit cites Trump administration claims of thousands of potential noncitizens on Nevada voter rolls crumbling amid state scrutiny. It also cites an administration list of 20,000 “likely noncitizens” allegedly on California rolls being “proven remarkably slapdash” and inaccurate in recent litigation between the administration and California.

The lawsuit alleges a coordinated effort between Trump and other administration officials — in violation of the 10th Amendment and other federal law — to intimidate state and local elections officials nationwide into removing voters from rolls, denying ballots to legally registered voters and segregating the ballots of others “based on spurious and unreliable claims that they are not citizens.”

It says the president is pushing the above efforts not “in a vacuum,” but in the face of repeated steps by Congress and the courts to block his election agenda.

The lawsuit, backed by prominent Democratic elections attorney Marc Elias, follows another filed in the same court last month by attorneys with the UCLA Voting Rights Project, on behalf of the Coalition for Humane Immigrant Rights, or CHIRLA, and a California voter named Pedro Trujillo.

That ongoing lawsuit challenges the Trump administration’s use of unproven federal databases to allege registered California voters are not citizens, which it says risks misidentifying eligible voters and has left naturalized citizens frightened — the same argument made by Jimenez.

Jimenez, who could not be reached for comment, has “eagerly and consistently exercised his right to vote” since becoming a citizen two decades ago, and plans to vote in the Nov. 3 election but fears being misidentified as a noncitizen and targeted, Tuesday’s lawsuit says.

Administration officials have defended the accuracy of their lists, including in the lawsuit the Justice Department filed against California last week. In that case, the Trump administration has asked the court to force California to set aside the ballots of the 20,000 “likely noncitizens” it flagged until their citizenship is confirmed.

First Assistant U.S. Atty. Bill Essayli, the lead federal prosecutor in L.A., has said that list was compiled using public California voter registration records and third-party and law enforcement data, and that federal authorities have “overwhelming evidence” that those voters are ineligible.

On Monday, federal authorities filed fraudulent registration and other election-related charges against 28 lawful permanent residents in California, which Essayli said “prove our list is accurate and that noncitizens are actually voting.”

However, other administration officials have acknowledged the lists may not be entirely accurate. Acting Deputy Atty. Gen. Trent McCotter said Monday that “there may be some names on there who, it turns out, ultimately are citizens.” A Homeland Security official said in a court filing Monday that “discrepancies” have been found in about 189 of the records.

California Secretary of State Shirley Weber and Dean Logan, head of the Los Angeles County Registrar-Recorder/County Clerk’s office — both named defendants in the California case — have accused the Trump administration of illegally interfering in state elections and trying to purge voters in the immediate lead up to an election in violation of federal law using inaccurate data.

Logan’s office said Tuesday that a preliminary analysis of a subset of the administration’s list found many were born in the U.S., weren’t registered or had never voted.

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Feds hold back additional $1.2 billion in California Medicaid funds

The Trump administration is deferring an additional $1.2 billion in Medicaid reimbursements to California, citing concerns about potential fraud in a state program that helps older adults and people with disabilities with everyday tasks.

Dr. Mehmet Oz, the administrator for the Centers for Medicare and Medicaid Services, said federal officials took action after they grew concerned about the rapid expansion of California’s personal care services program in recent years. State officials were notified of the decision Tuesday, he said.

“California has been growing that program 24% in the last three years. That is twice the rate of every other state average in the country,” Oz said. “Impossible for us to understand how that could be so we are taking major action in California.”

Oz did not provide any evidence of fraud but suggested the state was paying people too much taxpayer money to help with services that could be offered for free, like “paying somebody to carry groceries upstairs for your mom.”

“Many of you would carry groceries upstairs for your mom for free, but in California, they will pay you a lot of money for it,” he said.

The move is the latest in a series of efforts by the administration to withhold federal money from California. In May, the administration held back $1.3 billion in Medicaid reimbursements to the state over concerns about “fraudsters” in the state’s hospice and in-home care programs. The actions have been part of a broad effort by the administration to rein in fraud in federal healthcare benefits programs, particularly in Democrat-led states.

Gov. Gavin Newsom’s office did not immediately respond to a request for comment. But the office has been critical of the administration’s past efforts.

In May, Newsom’s office called the action to withhold funds for in-home care programs a “sick” and politically motivated attack on services that are meant to “keep seniors and people with disabilities OUT of nursing homes.”

Those services usually cover assistants who help people with daily tasks such as bathing, laundry or cooking. They also provide needed care such as injections under the direction of a medical professional. A 2020 report by the California state auditor found that nearly three-quarters of In-home Supportive Services caregivers assist a family member.

Newsom’s office, however, has argued that the program saves taxpayers money, saying IHSS care costs $30,000 a year, while nursing home care costs $137,000 a year.

California’s hospice industry has had problems in the past and authorities have tried to crack down on the issue. A Times investigation in 2020 found that providers were billing Medicare for hospice services and equipment for patients who were not actually dying while the industry boomed.

The Trump administration, led by Vice President JD Vance, has tried to focus attention on the issue of waste, fraud and abuse as a centerpiece policy platform to bring down healthcare costs.

On Tuesday, Trump and Vance announced a $25-million whistleblower program designed to pay out cash to people who tip off the federal government about fraudsters. The program will offer a 1% commission for tips that lead to a successful conviction. Trump said he would be the sole arbitrator of who gets to keep the money.

“I’ll determine whether or not the person is deserving, and I will be very generous believe me. We are not looking to save on that,” Trump said. “I promise you I will be fair.”

Trump said the money will be handed out “expeditiously and fairly.”

“I promise there is nothing in this for me,” he said.

The White House referred comment about the decision to the Centers for Medicare & Medicaid Services. The federal agency did not immediately respond to a request for comment.

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Federal officials charge 28 in California noncitizen voting case

Federal authorities have charged 28 people from across California with illegally registering to vote or casting ballots in federal elections despite not being U.S. citizens — again escalating an election battle between the state and the Trump administration just weeks before the Nov. 3 midterms.

Authorities said 11 of the 28 were arrested as of Monday morning and that the 17 others “will be in custody in the near future.” Some of the 28, all of whom are lawful permanent residents of the U.S., are charged with lying about registering or voting on their naturalization paperwork, officials said; 21 of them are suspected of casting votes, some in multiple elections. None are undocumented immigrants, a favorite target of President Trump and a group he has accused of infiltrating U.S. elections in the past.

Those charged represent a tiny fraction of the 20,000 “likely noncitizens” that the Justice Department alleged are on California rolls just last week, and an even tinier fraction of the more than 190,000 noncitizens the Trump administration alleged were on state rolls as recently as July.

State officials have previously warned, along with independent elections experts, that the Trump administration has badly overstated voter fraud claims in other states. In Nevada, for example, officials recently found that all 185 people the Justice Department flagged as potential noncitizens were in fact citizens. The administration has repeatedly revised downward its estimate for how many “likely noncitizens” are on California’s rolls.

Acting Deputy Atty. Gen. Trent McCotter cast the arrests during a Monday news conference as proof that California voter rolls are corrupted and need to be purged to prevent noncitizens from negating the legitimate votes of U.S. citizens, and that California officials who have rebuffed recent Trump administration efforts to purge the state’s rolls are willfully obstructing justice.

“This Department of Justice will not look the other way while non-citizens vote in federal elections,” McCotter said. “Unfortunately, the same can’t be said for California and L.A. County.”

State and local officials — some of whom are being sued by the Justice Department over their handling of the broader claims — said voter fraud should be taken seriously, but that isolated cases are not evidence of widespread problems and that any voting allegations from the Trump administration must be viewed with skepticism.

Los Angeles County Supervisor Janice Hahn referred to Monday’s arrests as “voter intimidation and a blatant attempt to undermine trust in our midterm elections.”

“These arrests are being used to paint a picture of widespread voter fraud when we know that is not the case,” Hahn said. “California has laws in place to protect the integrity of our elections, and L.A. County is fully abiding by them.”

California Atty. Gen. Rob Bonta’s office said the 28 individuals charged Monday “represent a tiny fraction” of California’s 23 million registered voters, and that the Trump administration has not shown “evidence of widespread voter fraud, even if the allegations are true.”

Shifting claims

For months, federal prosecutors have been issuing grand jury subpoenas for voter records in California — suggesting a sweeping criminal investigation was underway.

In July, Homeland Security Secretary Markwayne Mullin asserted in a letter to California Secretary of State Shirley Weber that California may have more than 190,000 noncitizen voters on its rolls. Last week, McCotter wrote letters to Weber and Dean Logan, head of the L.A. County Registrar-Recorder/County Clerk’s office, giving them 48 hours to set aside the ballots of about 20,000 voters the Justice Department said were “likely noncitizens.”

When Weber and Logan balked at the demand — arguing the Justice Department had provided no proof the voters were ineligible, had presented similar and inaccurate claims in other states and had made the request too close to the upcoming election — the Justice Department sued Thursday, asking a court to immediately intervene and force the state and L.A. County to comply with McCotter’s demands.

In a filing in that case Monday, federal authorities cited the latest charges as more reason for the court to intervene, and before the election, to segregate out the flagged ballots until those voters’ citizenship can be verified — again raising uncertainty as to their citizenship status despite alleging during their news conference Monday that all were permanent residents.

“This Court should order California to set aside vote-by-mail ballots from likely noncitizens in the federal election — including any ballots cast by the individuals charged with [federal election] crimes this morning — until the voter’s citizenship status can be determined,” federal attorneys wrote.

The Trump administration’s apparent uncertainty about the citizenship of the voters it has flagged — and even those it’s charged — has been a focus of state and local officials. Bonta and others have questioned the drop from 190,000 to 20,000 and repeatedly pointed to what occurred in Nevada, where federal officials initially flagged more than 15,000 potential noncitizen voters. Independent election experts have also highlighted those discrepancies.

Rick Hasen, director of the Safeguarding Democracy Project at UCLA School of Law, wrote online Monday that the data the federal government relies on to find purported noncitizens are “unreliable.” He wrote that the Justice Department’s demands on California risk “disenfranchising thousands of voters, and from DOJ’s track record, the lion’s share will be eligible voters.”

David Becker, executive director of the nonpartisan Center for Election Innovation & Research, said the 28 alleged noncitizens charged represent “.0001% of California voters,” and that the Trump administration charging 28 people days after flagging 20,000 “raises serious questions as to whether DOJ has any evidence at all supporting their claims on the other 19,972 on their list.”

McCotter said the original 190,000 figure was “the ceiling,” while “20,000 is the floor” — with the larger figure representing individuals the administration had low, medium or high levels of confidence were noncitizens, and the smaller figure representing only those it has high confidence are noncitizens.

“So there’s not inconsistency between those numbers. They’re just looking at different levels of confidence,” he said.

McCotter also said the notion that a federal list of more than 15,000 alleged noncitizens in Nevada had resulted in zero noncitizens being found was a “false storyline,” in part because the larger group was never vetted by the state. However, he also acknowledged that the 185 that were vetted — and found to be citizens — were those the federal government had held “high confidence” in being noncitizens.

How the Justice Department further zeroed in on the 28 charged individuals also was not entirely clear.

U.S. Atty. Craig Missakian, the top federal prosecutor in Northern California, said prosecutors compared information from Homeland Security with voter information they subpoenaed from Weber’s office and various county election offices. Some of the criminal complaints said Homeland Security Investigations received investigative referrals from its Identity and Benefit Fraud Unit, which provided “relevant information regarding alleged voter fraud or related identity-based fraud indicators.”

Kevin Murphy, special agent in charge of Homeland Security Investigations in San Diego, said the underlying investigations were not “based on assumptions or a single piece of information,” but required “thorough investigative work, coordination, and a commitment to ensuring that enforcement action is supported by the facts.”

Those charged include 13 people from the Central District of California, who live in Los Angeles, Long Beach, Rancho Palos Verdes, Anaheim, West Covina and other cities. They hail from a mix of nations, including Belize, Canada, El Salvador, Guatemala, Honduras, India and Mexico. Five others were charged in the Northern District of California, with one from San Francisco and others from the wider Bay Area; four in the Southern District and six in the Eastern District.

First Assistant U.S. Atty. Bill Essayli, the top federal prosecutor in L.A., dismissed the idea that such fraud is rare or that Trump officials are overstating the threat. “This is not a conspiracy theory,” Essayli said. “This is not made-up stuff.”

Essayli specifically highlighted the case of a 72-year-old Omar Munoz from Belize, who was arrested in a pre-dawn raid Monday at his home in Commerce. Federal authorities allege that he fraudulently registered to vote in 2019, voted in 2020, twice in 2022 and again in 2024. He is also accused of lying on his naturalization application.

In federal court downtown late Monday, Munoz’s daughter Lliani Orantes, a nurse born in the U.S., said the family was trying to figure out what happened, after federal officials swarmed their block and took her father, who is recovering from a recent surgery.

She said her brother, a registered voter, shares her father’s name, as does a nephew, and the family is wondering if it is all a mix-up. “Did the names get misconstrued,” she wondered.

McCotter said in the last seven weeks, the Trump administration has charged 113 people across 20 states with voting-related crimes. More than 154 million people voted nationally in the 2024 presidential election.

What’s ahead

Federal officials said their work — dubbed “Operation Protect the Vote” — would continue through the election and beyond.

Essayli said California’s own process for verifying voters’ citizenship, including requiring that they attest to being a citizen when they register, is insufficient. He said California election officials have “no idea who is a citizen,” but also know “they have noncitizens who are getting ballots as we speak” and several years ago admitted in an audit that noncitizens were being registered at the DMV.

“When we submit a list of 20,000 noncitizens to California that we are pretty sure are not citizens, it is outrageous that the response from the state is, ‘We don’t believe you and we’re not even going to look at it,’” he said. “That is not good faith actors. They are being complicit.”

McCotter said there “may be some names” on the list of 20,000 flagged voters “who, it turns out, ultimately are citizens.” He said federal authorities are “not perfect,” which is why they’ve asked California officials to work with them. “We could knock through most of these names pretty quickly, probably in a day or two, if California would work with us.”

He said the timeline — amid an ongoing election — was due to state officials refusing to cooperate sooner. “It’s an emergency of their own creation.”

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Homeland Security grants temporary deportation reprieve for more than 100K Ukrainians and Sudanese

More than 100,000 people from Ukraine and Sudan can stay in the United States without immediate risk of deportation, the Department of Homeland Security said, in what amounts to a temporary reprieve after their right to stay in the country was set to expire Monday.

Temporary Protected Status was set to end Oct. 19 for about 101,000 Ukrainians and 1,800 Sudanese. But DHS said an announcement “will be made at the appropriate time.” Until then, the department said in a written statement, Ukrainians and Sudanese in the U.S. covered by those temporary measures “retain protection.” The Department did not indicate how long they could stay or when a final announcement would be made on their status.

DHS did not respond to a question about whether they can keep their work permits, but TPS generally allows people to work while their protections remain in effect.

The decision Monday marks another incident where the Trump administration, which has previously sought to end these temporary protections from deportation and send people back to their home countries, has allowed people covered by the temporary status to stay in the country but without giving any guidance as to how long.

The context of the decisions to keep the protections

The Trump administration has already terminated TPS for more than 1 million people from 13 countries, including Venezuela, Haiti, Honduras, Nicaragua, Afghanistan and Syria.

But in a change in practice roughly a month ago, the administration kept protections in place for nearly 200,000 Salvadorans whose TPS was set to expire Sept. 9. In that case they also said that they were going to make a decision at the appropriate time and that in the meantime, people from El Salvador could continue to work and live in the U.S.

Activists and a bipartisan group of lawmakers have been raising the alarm over the upcoming deadline for TPS to expire for Ukrainians, arguing that conditions remain unsafe for them to return home amid the war with Russia.

Ukraine was first designated for TPS in April 2022, following Russia’s full-scale invasion two months earlier. The Biden administration subsequently extended the designation, most recently in January 2025, when DHS authorized an additional 18 months of protection through October 2026.

The TPS program for Sudan was established in 1997, and since then, successive U.S. administrations have extended it due to the armed conflict and political instability that have plagued the African nation.

The decision Monday comes two weeks before the Nov. 3 midterm elections, when Trump’s hard line immigration policies will face a test at the ballot box.

The TPS program has offered protections for decades but is controversial

The U.S. Congress created TPS in 1990 to prevent deportations to countries suffering from natural disasters or civil strife.

It allows people already in the country to remain and work, for renewable periods if the homeland security secretary determines conditions are unsafe for their return. But it doesn’t give them a pathway to permanent residency.

Supporters say that using this tool protects people from being returned to dangerous situations and that uprooting people covered by TPS after years of living in the U.S. is cruel. Critics, especially in the Trump administration, say successive administrations have extended these protections for years regardless of what has happened in the home countries.

Federal rules say TPS is automatically extended for six months if the secretary doesn’t make a determination at least 60 days before the designation expires.

Advocates are grateful for DHS decision, warn about the war

“We’re grateful for an extension, however temporary, for TPS holders from Ukraine and Sudan,” said Myal Greene, president and CEO of World Relief, an organization that has provided humanitarian assistance in both countries. “We encourage the administration and Congress to consider longer term relief for women, men and children trying to carve out stability while their countries of origin remain in upheaval.”

Krish O’Mara Vignarajah, president and CEO of Global Refuge, noted Ukraine and Sudan are not safe and meet the legal conditions for TPS to be extended.

“Russia’s war on Ukraine is nearing its fifth year, and Ukrainians are bracing for another winter under drone and missile strikes, driving civilian casualties and devastating critical infrastructure. Sudan remains locked in a brutal civil war marked by famine, widespread human rights abuses and the hallmarks of genocide,” Vignarajah said. “It is not safe for these families to go home.”

Salomon writes for the Associated Press. AP reporter Rebecca Santana contributed to this report from Washington.

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Judge hears testimony in legal fight over Trump’s golf course renovation plans at East Potomac Park

A federal judge on Monday questioned the Trump administration’s claims surrounding its efforts to redevelop a historic Washington golf course, challenging its contention that a recent tree-cutting spree did not indicate work was moving forward on the project, which is temporarily blocked by a court order.

“There is no universe in which all of this coincidentally happened all at the same time,” U.S. District Judge Ana Reyes said during a hearing over the fate of a project that has emerged as the latest legal flashpoint in President Trump’s campaign to leave his personal imprint on the nation’s capital.

Reyes last week ordered a halt to the golf course’s redevelopment plans until at least Oct. 26 after scolding the government for starting a large-scale tree removal at the course over a holiday weekend while providing little notice to the court or the plaintiffs trying to stop the makeover.

Then, on Sunday, Trump announced plans on social media to close the golf course for 15 months, starting on Nov. 15, and redevelop the 106-year-old park and course despite a court challenge by the D.C. Preservation League and two golfers. In a post on Monday, Trump said the work would start immediately.

Plaintiffs’ attorneys challenging the golf course renovation work have asked Reyes to extend her order that temporarily paused the work. They say the work is inflicting irreversible damage and that the redevelopment would violate the congressional act that created the park where the course is located.

The hearings on the century-old golf course have grown increasingly tense and on the eve of Monday’s hearing, Reyes rejected the administration’s request for her to recuse herself from the case. The government questioned her impartiality and accused her of engaging in “egregious” behavior from the bench during last week’s emergency hearing for the case.

Trump, a Republican, referred to Reyes as a “crazed lunatic” in his social media post on Monday.

“The United States Department of Interior wants to take a terrible and very unsafe golf course, and make it into a great, safe, and prestigious golf course. They have an absolute right to do so. It’s as simple as that!” Trump wrote.

Reyes, who was nominated by Democratic President Biden, said the government has failed “by any objective measure” to demonstrate the need for her recusal from the case.

“It is easy to weaponize selective quotations to bring a baseless recusal motion. But it is much harder to meet the demanding legal standard against a full record,” she wrote.

Trump has pledged to turn the course into a world-class golf venue — part of his grand vision for Washington, D.C., where he has torn down storied structures, remade or renamed others and deployed the National Guard for more than a year.

While it has been open to Washingtonians of all income levels, opponents of Trump’s plans for the golf course have argued it will alter the character of the space and make it less affordable to people.

Monday’s hearing started with a tense confrontation between Reyes and Justice Department official Stanley Woodward, when the judge asked if other any government attorneys in the room “as officers of the court” were willing to certify that everything within a Sunday filing was truthful and legally sound under federal rules of civil procedures.

In that filing Woodward argued that there were no final plans for the park.

“First, the plan is not final because the Park Service has not completed its review and the details of the proposal are subject to change during the review process,” the filing said.

Much of the hearing revolved around Trump’s social media posts over the weekend and his appearance last June at the golf course, accompanied by golf course architects and members of the administration and why there was such a sense of urgency for the cutting of the trees.

The witnesses at the hearing, Greg Wischer, deputy chief of staff at the Interior Department, and acting National Park Service director Jessica Bowron both acknowledged that they had only learned of the National Park Service Cultural Landscape Report in September that led to the tree cutting. That NPS report was from 2019.

Fields writes for the Associated Press.

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Justice Dept. sues California, seeks to stop state from counting 20,000 ballots

The Trump administration on Thursday sued California over its handling of voter fraud claims, asking a federal court to immediately bar the state from counting ballots from about 20,000 voters statewide — many in Los Angeles County — whom the administration alleges are “likely noncitizens.”

The lawsuit is highly unusual, particularly given that California voters have already begun voting in the Nov. 3 midterms via mail ballots, experts said.

It’s also highly inappropriate and based on questionable federal data that have proved wildly inaccurate in other states, state officials said.

“This is a sad, desperate attempt by Trump to use his politicized Justice Department to try to suppress California voters just three weeks before Election Day,” Gov. Gavin Newsom wrote on X. “Courts have made clear the federal government has no role in running state elections. We will defend free and fair elections in the Golden State and call out every authoritarian attempt to undermine our democracy.”

U.S. Atty. Gen. Todd Blanche, in his own statement, defended the lawsuit.

“State-facilitated voter fraud is unacceptable in the United States of America,” he said. “If found responsible in a court of law, the State of California will have seriously undermined confidence in our electoral system and violated laws that protect our nation’s representative system of government.”

The lawsuit states that “as part of an investigation into unlawful voting,” U.S. Citizenship and Immigration Services conducted a “multiagency and multilevel review” of state voter and federal citizenship data and determined with “high confidence” that around 20,000 “likely noncitizens” are registered to vote in the state.

It then forwarded those names to Homeland Security Investigations, which conducted its own investigation and concluded the same, the lawsuit says.

“This means that, consistent with state law, nearly 20,000 noncitizens in California have been sent a vote-by-mail ballot to participate in the federal election (or will receive one), with many addresses listed in Los Angeles County,” the lawsuit alleges.

The lawsuit comes two days after Acting Deputy Atty. Gen. Trent McCotter wrote to California Secretary of State Shirley Weber and Dean Logan, head of the L.A. County Registrar-Recorder/County Clerk’s office, giving them 48 hours to set aside the same ballots in order to investigate those voters’ citizenship status.

McCotter had said the Trump administration would be forced to file for emergency relief in the courts if Weber and Logan did not comply.

The lawsuit comes about three months after Homeland Security Secretary Markwayne Mullin wrote his own letter to Weber, alleging that there may be more than 190,000 noncitizens registered to vote in California.

The lawsuit makes no mention of that prior estimate, or why Homeland Security’s initial estimate was so much larger than its current estimate. It does say that USCIS identifying with “high confidence” that a voter is a likely noncitizen “means that the match between voter information on the voting roll and USCIS’ internal records is strong and consistent based on multiple identifiers that support a strong identity link.”

It also said, “The Federal Government notified California months ago that numerous noncitizens may be registered to vote in California. Despite knowing that California must send vote-by-mail ballots to every registered voter, the State made no serious attempt to work with the Federal Government to determine whether noncitizens are registered to vote.”

The Department of Homeland Security did not immediately respond to a request for more information as to how the 190,000 figure dropped to 20,000.

In a letter back to McCotter, Weber noted both figures and accused the Trump administration of pushing forward to disenfranchise voters at the last minute before the midterms based on shoddy data work and no certainty that those voters are ineligible.

“Nowhere has the federal government clarified the basis for suspecting — not even confirming with any level of certainty — the listed individuals are non-citizens. And as one court recently noted, the federal government’s citizenship records are ‘known to be unreliable,’” Weber wrote, referring to a case brought against the Justice Department by the organization Common Cause. “To give just one example, in a similar incident in the State of Nevada, DHS initially alleged that Nevada’s voter roll included nearly 16,000 potential non-citizens. However, after working with the State of Nevada, DHS officials failed to establish that a single non-citizen was on the voter rolls.”

Weber called it “remarkable” that the Justice Department would demand that her office “review and confirm the citizenship status of each of the approximately 20,000 individuals on the list on the eve of an election and within a mere 48 hours” despite providing no clear evidence that those individuals are wrongly registered.

“This is an emergency of the DOJ’s creation,” Weber wrote. “California’s election administration will continue to be governed by applicable federal and state law, not by unsubstantiated claims and outrageous demands.”

First Assistant U.S. Atty. Bill Essayli, the lead federal prosecutor in Los Angeles, posted about the lawsuit on X, noting the 48-window given to Weber and Logan had lapsed and writing, “Time is up for California.”

“This is not political or controversial,” he wrote. “We will not allow California to dilute the votes of American citizens.”

The Trump administration’s lawsuit says that while the U.S. “actively investigates and prosecutes incidents of unlawful voting,” it “is not practicable or feasible for the United States to investigate before the 2026 election concludes thousands, let alone tens of thousands, of individuals that two federal investigative offices identified on the California voter roster as likely being sent vote-by-mail ballots.”

Because of that, it argues, “California is thus knowingly imposing an obstacle on the United States’ ability to enforce [federal election law] by facilitating unlawful voting rather than working with the Federal Government to prevent it,” and the state is therefore legally barred from sending mail ballots to the 20,000 voters Homeland Security has flagged.

It asks the federal court in the Central District of California to declare the state’s actions — including providing and counting ballots for those 20,000 people — to be barred by law and in violation of the Supremacy Clause, and to issue an injunction barring the state from counting those ballots in federal elections “until those individuals’ citizenship status can be verified.”

The Trump administration’s attempts to use immigration data to reach conclusions about California voter rolls and intervene in California’s election is already being challenged in a separate federal case in the district of Washington, D.C., brought by attorneys with the UCLA Voting Rights Project on behalf of the Coalition for Humane Immigrant Rights, or CHIRLA, and a California voter named Pedro Trujillo.

The UCLA attorneys filed their own emergency petition Thursday to preclude the Justice Department from moving forward with such actions against California, citing the letters McCotter sent to Weber and Logan.

A judge in that case ordered the parties to meet and file a status report with the court by Friday as to when each side would be able to brief the court on the issue.

Times staff writer Brittny Mejia contributed to this report.

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In 100th lawsuit against Trump, California challenges ICE courthouse arrests

California sued the Trump administration for the 100th time in under two years Thursday, challenging the practice of U.S. Immigration and Customs Enforcement agents arresting people for civil immigration violations at or near state courthouses.

California Atty. Gen. Rob Bonta said such arrests have long been barred because they are unconstitutional and deeply disruptive to the rule of law and the rights of victims, witnesses, defendants and other parties to court proceedings.

“We’ve seen serious criminal charges dropped and entire cases jeopardized because victims and witnesses are too scared to come to the courthouse to testify,” Bonta said. “Our justice system cannot function this way.”

Bonta said his office having to take the Trump administration to court 100 times in less than two years, often alongside other Democrat-led states, was a “sobering milestone” and a reflection not of political interference on California’s part — as the president and his supporters have cast it — but of Trump’s nearly unbridled lawlessness.

“It’s very troubling when the most powerful person on the planet and the president of our country is the one trampling over the Constitution, breaking the law so blatantly and brazenly, so consistently, so frequently,” Bonta said.

Independent legal experts said several factors have driven the wave of lawsuits.

Presidents of both parties have increasingly flexed their executive power, and state attorneys general have increasingly sued in response. During Trump’s first term in office, California — under the leadership of then-attorney general and current gubernatorial candidate Xavier Becerra — sued the Trump administration more than 120 times over four years. Texas Atty. Gen. Ken Paxton — now a Republican candidate for Senate — sued the Biden administration just over 100 times in four years.

Trump in this term quickly began implementing an array of policies leftover from his first term or outlined in the Project 2025 policy blueprint, many of which Bonta and other Democratic attorneys general were prepared to sue over, experts said.

Trump was also able to appoint a host of loyalists with the help of the Republican-controlled Congress, who helped advance policies that less loyal agency heads would have balked at, and which were sure to draw additional legal challenges, experts said.

Daniel Farber, a professor at UC Berkeley Law School and author of “Contested Ground: How to Understand the Limits on Presidential Power,” said California’s raft of lawsuits is a result of the current Trump administration “doing more aggressive things right off the starting block” — but also repeatedly targeting California specifically.

The White House did not immediately respond to a request for comment Thursday. However, it has consistently derided Bonta’s litigation against the administration as baseless and misguided.

When Bonta claimed in August that his lawsuits had saved California more than $200 billion, namely by reversing Trump cuts to federal funding meant for the state, White House spokesperson Abigail Jackson said Bonta should stop “filing frivolous lawsuits” and “focus on addressing problems in his own state.”

ICE, which also did not immediately respond to a request for comment, has defended its arrests near courthouses as a “common sense” approach to apprehending offenders at times and locations where authorities know they will be.

The 100th case

Bonta’s lawsuit argues that such arrests are arbitrary and capricious given the chilling effect they have on justice in the state. They violate the Immigration and Nationality Act as intended by Congress, and interfere with California’s rights under the 10th Amendment to execute its “core sovereign judicial and police functions,” Bonta’s office said.

His arguments echo those made by other state officials in the past. During Trump’s first term, for example, then-California Supreme Court Chief Justice Tani G. Cantil-Sakauye called the arrests “disruptive, shortsighted, and counterproductive.”

Arrests at or near courthouses began to rise again after Trump took office in January 2025. An ICE memo, issued in May 2025, said agents could conduct “civil immigration enforcement actions in or near courthouses when they have credible information that leads them to believe the targeted alien(s) is or will be present at a specific location.”

Incidents quickly began cropping up. In June 2025, ICE agents arrested two women outside a Los Angeles courthouse after a hearing in a local criminal case. The same unfolded across the state.

Alejandro Barraza, a criminal defense and immigration attorney, said he has witnessed the impact firsthand.

In October 2025, a client was arrested driving home from a hearing at the Riverside Hall of Justice. In December, another client was arrested leaving the Rancho Cucamonga courthouse. And a third client chose to plead guilty in his criminal case rather than go to jury trial, despite Barraza’s advice that the case was worth fighting, for fear of being arrested by ICE.

“The victims are losing. Our clients are losing their rights to due process. Everyone is losing,” Barraza said.

In June, U.S. District Judge P. Casey Pitts in San Francisco struck down ICE’s expanded courthouse arrest policies nationwide. Although the lawsuit focused on immigration courthouses, the ruling also covered state criminal courthouses, restoring earlier restrictions that barred civil immigration arrests in or near courthouses except in limited circumstances. The Trump administration is appealing the ruling.

Since then, California court officials have tracked arrests by federal agents and reported them to the Judicial Council of California. Thirty people were taken into custody in June, 29 in July, 19 in August and 14 in September.

State legislators have tried to push back. Last month, Gov. Gavin Newsom signed a law strengthening California’s protections against civil arrests for people traveling to, attending or leaving courthouses for lawful purposes. The measure extends those protections to public ways within 1,000 feet of court facilities, while preserving an exception for arrests made under a valid judicial warrant.

Bonta said his lawsuit is necessary despite the new California law, in part because the Trump administration thinks that “no state law applies to them,” and courts have in some cases agreed — including the U.S. 9th Circuit Court of Appeals, which this week blocked a state law that would have required federal immigration agents to display identification while working in the state.

Bonta’s office has had substantial success in halting some of the Trump administration’s biggest policy moves — including its plans to end birthright citizenship for the U.S.-born children of immigrants, its worldwide tariffs, its deployment of National Guard troops in Los Angeles and other U.S. cities, and its withholding of billions of dollars in federal funding allocated to the state by Congress.

Michael McConnell, director of the Constitutional Law Center at Stanford Law School, said many of California’s lawsuits have been “legally meritorious,” as there is a “whole lot of legal error” coming out of the Trump administration — with a “lot of the overreach” having been “facilitated by the lack of internal checks” from loyal Trump agency heads.

However, he also said that as a California taxpayer, he doesn’t “appreciate having government using my tax dollars for what essentially are in many cases ideological lawsuits, even if meritorious,” because private litigants can and often do bring lawsuits of their own. He said he felt the same way about many of the lawsuits brought against the Biden administration by Republican states.

Bonta said he is proud of his team for challenging the Trump administration every time they believed it had broken the law and harmed California, despite Trump’s intentional effort to make that difficult.

“It was a shock and awe. It was flood the zone. It was trying to overwhelm with speed and volume, and we kept pace every time,” he said.

What happens next, he said, will depend on Trump. If he keeps breaking the law in ways that hurt the state or its residents, he’ll keep getting sued by California.

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Supreme Court agrees to hear watchdog lawsuit seeking records on Elon Musk’s DOGE

The Supreme Court agreed Tuesday to hear arguments in a watchdog’s lawsuit seeking public records about trillionaire Elon Musk’s Department of Government Efficiency.

The high court is intervening for a second time in Citizens for Responsibility and Ethics in Washington’s case, which seeks access to DOGE records from its operations in the early days of President Trump’s second term. The Trump administration asked the court to hear the case.

Last year, the high court reined in a district court’s order for the government to produce DOGE-related records to CREW. The high court’s conservative majority concluded in June 2025 that U.S. District Judge Christopher Cooper ruled too broadly in ordering documents to be turned over to the group.

CREW claims DOGE is a federal agency and therefore is subject to the Freedom of Information Act.

The Trump administration argues that DOGE is exempt from FOIA’s requirements as a presidential advisory body.

Cooper ruled in CREW’s favor and ordered expedited processing of the group’s records request. An appeals court panel also sided with CREW.

The Trump administration claims the panel ignored the Supreme Court’s direction to consider separation-of-powers concerns and intruded on the “autonomy and confidentiality” of presidential advisers.

“Subjecting advisory bodies to intrusive discovery triggers the very concerns that Congress sought to avoid by excluding presidential advisory bodies from FOIA’s reach,” Justice Department attorneys wrote.

The administration also says the appeals court impermissibly authorized the plaintiffs to take a sworn deposition of DOGE acting administrator Amy Gleason.

CREW says the appeals court fully complied with the Supreme Court’s previous order. The group also asserts that the public has a right to know how DOGE helped the administration carry out a sweeping overhaul of government operations in 2025.

“Undisputed facts in the public record — including the President’s statements — confirmed that (DOGE) was wielding enormous independent authority across the federal government,” its attorneys wrote.

Kunzelman writes for the Associated Press.

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Federal judge orders Trump administration to halt work for a day on historic D.C. golf course

U.S. District Judge Ana Reyes on Monday ordered a 24-hour halt to tree-cutting at the East Potomac Golf Course, a historic D.C. golf course that has been part of President Donald Trump’s plans to remake the city.

Reyes issued the order following a tense three-hour hearing in which she blistered the government for having deceived her with its actions over the holiday weekend.

Reyes said the 24-hour temporary order could be extended to 14 days if necessary. It was limited to one day while the government tries to find a key Trump administration official to discuss why a massive tree-cutting at the park needed to occur over the holiday weekend, with little notification to plaintiffs in a lawsuit trying to halt renovation plans or the judge.

It’s the latest example of the erosion of trust between the government and the independent judiciary, as the Trump administration tries to steamroll scrutiny of its actions, from the White House ballroom to immigration enforcement.

The hearing started with a blistering 15-minute statement from Reyes, who has declined repeated motions from the plaintiffs to halt work by the administration out of concern that its strategy has seemed to be move ahead on projects despite court actions.

“I am thoroughly unamused right now,” Reyes said. “I do not know how I could have made it any plainer that I did not want what was to happen, to happen.” The judge added: “I have given the government every single benefit of the doubt that it would not do precisely what it has done.”

She told the government’s lawyers sharply: “I wanted you all to be better than you have been.”

The emergency hearing on a holiday expanded as the judge ordered the government to get various participants in the decision-making process into the hearing remotely.

Reyes plans to hold another hearing Tuesday and wants to hear from Greg Wischer, deputy chief of staff at the Interior Department. Wischer pushed for the work to be done urgently, according to testimony from Frank Lands, deputy director of operations for the National Park Service.

Fields writes for the Associated Press. AP writer Matthew Daly contributed to this report.

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Bipartisan group of senators calls for Trump to reverse its Russian diesel plan

A bipartisan group of six senators — four of them Republicans — called Sunday for the Trump administration to “immediately reverse course” on a plan to purchase diesel from Russia as part of an effort to lower high fuel prices.

President Trump shocked lawmakers when he announced on social media Friday that he had struck a deal with Russian President Vladimir Putin in a phone call. He said Russia will immediately supply more than 300,000 tons of diesel to the American and global market, followed by an additional 500,000 tons in November and 1 million tons “immediately thereafter.” Russia will deliver an additional 3 million tons “within a short period of time” after that, he wrote.

Four Republican senators and two Democratic senators signed onto the statement released Sunday protesting the deal. They said the administration failed to consult with Congress or submit any explanation to justify its decision as required by statute.

“The United States should not provide Putin with a financial lifeline while Russia continues to kill Ukrainian civilians. The Administration must immediately reverse course,” they wrote.

The Republican senators who signed onto the statement are Sens. Susan Collins of Maine, Lisa Murkowski of Alaska, Thom Tillis of North Carolina and John Curtis of Utah. The Democratic senators are Sens. Jeanne Shaheen of New Hampshire and Richard Blumenthal of Connecticut.

Tillis, in an interview that aired Sunday on NBC’s “Meet the Press,” said there’s a legitimate case for saying the president is not following the law if the administration goes through with its diesel purchase plan.

“We were very clear that Russia is the aggressor. Russia is the one who can end this war by backing out of territory that they occupied,” Tillis said.

Trump’s announcement came just a few weeks after Congress passed legislation that directed Trump to impose substantial tariffs on the top importers of Russian oil or natural gas, with an exception for countries that import less than 15% of Russia’s natural gas exports and have taken significant steps to reduce those imports.

The congressional effort was aimed at cutting the flow of money Russia receives from oil and gas sales to finance its war against Ukraine.

The lawmakers also noted that Congress explicitly banned Russia energy imports in 2022 — after Russia’s full-scale invasion of Ukraine — to prevent the United States from financing the war.

“Congress was clear: the U.S. should not import oil from Russia until it ends its aggression against Ukraine and ceases threats against our NATO Allies,” the six lawmakers wrote in their statement. “President Trump’s decision to allow Russian diesel imports to the U.S. runs directly counter to that law.”

Sen. John Barrasso (R-Wyo.), when asked whether the president’s action would be in violation of U.S. law, said Trump is focused on reducing the cost of energy.

“The president is balancing and has to make tough decisions,” Barrasso said on CBS’ “Face the Nation.”

He also encouraged Trump to enforce the sanctions law that Congress passed last month.

“This is just another point of leverage for the president to use against Putin in an effort to get a long-term solution in that part of the world,” Barrasso said.

Trump has recently sought to blame record U.S. diesel prices on Ukraine rather than the U.S.-led war in Iran, which has elevated world energy prices.

Freking writes for the Associated Press.

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