Federal Court Order: Trump Administration Must Disclose States Targeted in Election Letter Campaign
A judge in Washington ordered the government to list every state that received letters from the Justice Department threatening legal action over non-citizen voters ahead of next week's midterms.
By Charlotte Dubois ·
Federal Judge James Boasberg issued an order on Thursday requiring the Trump administration to identify every state that has received pressure from the federal government regarding the upcoming legislative elections. The ruling comes as Democratic leaders challenge what they describe as an overreach into state electoral processes. The judge set a deadline of Monday, the day before the general election, for a final decision on the request to block federal interference.
The dispute centers on letters sent by the Department of Justice to election officials in specific states. These communications threatened officials with potential criminal proceedings if they knowingly retained non-citizens on their voter rolls. While the initial complaints focused on California and Washington, the plaintiffs seek clarity on whether other states received similar correspondence. Boasberg ordered the government to provide a complete list of these states by Friday.
Senior Democratic leaders, including Senate Minority Leader Chuck Schumer and House Minority Leader Hakeem Jeffries, filed the lawsuit in a federal court last week. They are joined by the Senate Democratic Campaign Committee, the Congressional Democratic Campaign Committee, and the Association of Democratic Governors. The suit names President Donald Trump, Justice Secretary Todd Blanche, Homeland Security Secretary Markwayne Mullin, and their respective departments as defendants. The plaintiffs asked the court to prohibit the federal government from removing legally registered voters from state lists or preventing states from issuing and counting ballots.
The legal conflict escalated following a recent federal lawsuit in California. The Justice Department sued to stop state officials from counting mail ballots from individuals identified as probable non-citizens until their immigration status was confirmed. A federal judge ruled in favor of California on Wednesday, and the Department of Justice immediately appealed the decision. Government attorneys argue that federal authorities have found evidence of illegal voting by non-citizens in the midterms. They contend that the plaintiffs' claims are too vague and would hinder the government's constitutional duty to enforce federal law.
During the hearing, Boasberg expressed skepticism about the legal basis for the plaintiffs' standing. He noted that the letters from the government do not compel states to take any action unless a federal court issues an order forcing compliance. Christian Dibblee, an attorney for the Justice Department, stated that the decision rests with the states. He explained that the letters merely notify officials of a possible violation of federal law. Dibblee added that the government could make the process moot at any time by filing a document stating it will not engage in the challenged conduct.
Uzoma Nkwonta, representing the plaintiffs, asked the judge to end what he called an unprecedented campaign to interfere with state election duties. Boasberg acknowledged that the government has legitimate concerns but identified the plaintiffs' standing as the most difficult question for the court. The judge, who was nominated by President Barack Obama, has faced criticism from the White House for previous rulings against the federal government. Trump and his allies sought to remove Boasberg from his position last year after the judge blocked the use of the Alien Enemies Act to deport Venezuelan migrants to El Salvador.
The election is scheduled for next week. The Justice Department must submit the list of states to the court by Friday. Boasberg will issue his final ruling by Monday.
