Here we go.
In a major blow to the Justice Department, the high-stakes case against California involving 20,000 non-citizen voters was reassigned to a Clinton-appointed federal judge.
Last Friday, the DOJ put California on notice and vowed to prosecute election officials who tabulate unlawful ballots.
“California on Notice: Federal agencies identified over 20,000 suspected noncitizens registered to vote in California who have already been mailed ballots,” First Assistant US Attorney Bill Essayli said on Friday.
“Under 18 U.S.C. §§ 611 and 2, officials who knowingly tabulate unlawful ballots risk aiding and abetting a federal offense. The Justice Department urges the County and the Secretary of State to temporarily segregate the flagged ballots pending citizenship verification or face legal consequences,” Bill Essayli said.
On Monday, the DOJ requested a restraining order to immediately separate the 20,000 ballots.
“Once illegally cast ballots are counted and commingled with lawful votes, the resulting harm may be impossible to remedy. The urgency is heightened because of the fundamental right to vote and to have one’s lawful vote counted without dilution,” the DOJ said in its request for a Temporary Restraining Order (TRO), according to Fox News.
The emergency request for a TRO comes after the DOJ filed a federal lawsuit against California.
The federal lawsuit, filed in the Central District of California on October 15, requests an order preventing the tabulation of ballots belonging to individuals identified as likely noncitizens until their citizenship can be determined.
On Tuesday evening, the case was assigned to Judge John W. Holcomb, a Trump appointee.
However, on Wednesday, the case was switched from the Trump-appointed judge to David Carter, a Clinton appointee.
Judge Carter previously dismissed a DOJ lawsuit against California that accused the state of not following federal laws related to voter rolls, Fox News reported.
BREAKING: In a blow for DOJ, the federal judge overseeing the case involving the alleged 20,000 non-citizen voters in California has been switched from Judge John W. Holcomb (Trump appointee) to Judge David Carter (Clinton appointee). This switch will be seen as a win for LA County/California. Judge Carter previously dismissed a DOJ lawsuit against CA last year that accused the state of not following federal laws on proper maintenance of voter rolls.
Here’s what Judge Carter wrote when dismissing the case to give a flavor of his thinking on the topic:
“State run elections mean that voters recognize their neighbors who staff polling stations, trust their Secretaries of State—whom they voted for—to keep their personally identifying information safe, and believe that they will not be targeted because of what they look like or who they vote for. The DOJ’s request for the sensitive information of Californians stands to have a chilling effect on American citizens like political minority groups and working-class immigrants who may consider not registering to vote or skip casting a ballot because they are worried about how their information will be used.”
— Bill Melugin (@BillMelugin_) October 21, 2026
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