US District Court Judge David Carter, a Clinton appointee, denied the Justice Department’s effort to force California to remove 20,000 ballots mailed to non-citizens.
The Justice Department recently sued California and Los Angeles County over 20,000 suspected non-citizens registered to vote who have already been mailed ballots.
First Assistant US Attorney Bill Essayli said that voter rolls were compared to USCIS immigration, Social Security and passport records.
On Monday, the Ninth Circuit Court denied the government’s appeal because the DOJ improperly skipped over the district court judge so the DOJ was forced to attend a hearing on Tuesday with Judge David Carter.
On Tuesday evening, before he issued his decision, Judge Carter warned First Assistant US Attorney Bill Essayli and told that it would be wise that “any threats” to California elected employees “cease immediately.”
On Wednesday evening, as expected, Judge Carter denied the Justice Department’s request for a Temporary Restraining Order (TRO).
The Judge said that the Department of Justice can prosecute the individuals.
“There is a clear remedy available. The United States can prosecute individuals according to Section 611, as it has historically and recently done. California also has established procedures to cancel the voter registrations of any individuals proven ineligible,” the judge wrote.
“The Executive’s requested relief, however, would wreak havoc and disrupt the election that is already underway, create a chilling effect on election workers and voters alike, and discount the votes of United States citizens. The Executive Branch cannot replace the remedy Congress carefully enacted with its own unlawful and unconstitutional solution instead,” Judge Carter wrote in a 26-page order reviewed by The Gateway Pundit.
“Eroded trust in our democracy is irreparable. Once a vote is segregated, lasting harm has occurred. If the Executive can discount votes and threaten an ongoing election due to unproven allegations, then our democracy is in danger,” the judge wrote.
Earlier Wednesday before the judge issue his order denying the TRO, Bill Essayli said the DOJ is committed to seeking a court order to separate the 20,000 ballots.
@TheJusticeDept is committed to seeking a court order to separate the suspected 20,000 noncitizen ballots from lawful ballots. This is necessary because California is already processing hundreds of thousands of ballots that cannot be undone.
Segregating a ballot does not prevent it from being counted later. It is designed to preserve the status quo and prevent the infection of our election with illegal ballots. https://t.co/ttE4HWm1zj
— F.A. United States Attorney Bill Essayli (@USAttyEssayli) October 28, 2026
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