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DOJ issues California grand jury subpoenas after ballot-sequester ruling

The Justice Department issued grand jury subpoenas to California election officials after a judge refused to keep about 20,000 disputed ballots out of the midterm count, CBS, ABC and AP reporting say.

Developing story: what's new
  1. CBS News is now reporting this
  2. ABC30 is now reporting this
  3. ABC7 Los Angeles is now reporting this
  4. ABC7 News Bay Area is now reporting this
  5. ABC7 Chicago is now reporting this
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  7. ABC7 New York is now reporting this
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28 earlier updates
  1. ABC13 Houston is now reporting this
  2. ABC News is now reporting this
  3. Local 10 is now reporting this
  4. The Philadelphia Inquirer is now reporting this
  5. The Seattle Times is now reporting this
  6. LAist is now reporting this
  7. West Virginia Watch is now reporting this
  8. NC Newsline is now reporting this
  9. Idaho Capital Sun is now reporting this
  10. Nebraska Examiner is now reporting this
  11. Rhode Island Current is now reporting this
  12. Florida Phoenix is now reporting this
  13. Daily Montanan is now reporting this
  14. North Dakota Monitor is now reporting this
  15. Minnesota Reformer is now reporting this
  16. Ohio Capital Journal is now reporting this
  17. Missouri Independent is now reporting this
  18. Arkansas Advocate is now reporting this
  19. Maine Morning Star is now reporting this
  20. Tennessee Lookout is now reporting this
  21. Iowa Capital Dispatch is now reporting this
  22. South Dakota Searchlight is now reporting this
  23. Wisconsin Examiner is now reporting this
  24. Utah News Dispatch is now reporting this
  25. Louisiana Illuminator is now reporting this
  26. Alabama Reflector is now reporting this
  27. Washington State Standard is now reporting this
  28. First reported by New Jersey Monitor

Wire reporting: (AP, via Local 10)

The Justice Department has issued grand jury subpoenas to California election officials in a criminal inquiry tied to federal claims that about 20,000 noncitizens may be on the state's voter rolls, according to CBS News, ABC News and an Associated Press account carried by Local 101,2,6.

CBS News, citing people with direct knowledge and copies of the papers, said subpoenas went out between Oct. 21 and Oct. 24, including three to the Los Angeles County registrar's office seeking records on how the county screens for unlawful voting by noncitizens and correspondence with Homeland Security Secretary Markwayne Mullin and acting Deputy Attorney General Trent McCotter1. ABC News, citing unnamed sources, said the subpoenas were issued Thursday to local officials2,3.

An AP report carried by Local 10 said the papers were going out from all four U.S. attorneys in California and that the news service had copies of two subpoenas directing Los Angeles County registrar employees to appear in court on Nov. 4, the day after Election Day6,12,13.

The criminal step follows a civil fight over whether California must set aside those ballots. U.S. District Judge David Carter in Los Angeles on Wednesday denied a Justice Department request that the state not count ballots from people on the federal list, according to States Newsroom reporting republished by the Missouri Independent and others21,1,35.

Carter wrote that the executive branch was asking the court to treat itself as the sole sovereign, adding that California and its people are sovereign too21. LAist reported that he also said the demand ran against the National Voter Registration Act's 90-day quiet period before a federal election and that both sides agreed some U.S. citizens were on the list35.

Los Angeles Registrar-Recorder/County Clerk Dean Logan said election officials are acting in accordance with state and federal law and that threats and intimidation have no place in elections1. A Justice Department spokesperson told CBS News the department does not comment on leaks about grand jury subpoenas, while saying the district court explained that voting unlawfully can bring criminal exposure and that California had argued the remedy is prosecution1.

The department has appealed Carter's order to the 9th U.S. Circuit Court of Appeals, telling the court a prompt ruling was needed because ballots were still being processed, LAist reported35,21. An earlier 9th Circuit panel declined emergency relief on procedural grounds, with two judges also signaling they would not support setting ballots aside this close to the midterms35,18.

AP reporting carried by Local 10 said Carter on Thursday appointed a special master to evaluate the administration's claims about the rolls, less than a day after rejecting the sequestration demand6. What the subpoenas will produce, whether any charges follow, and how the 9th Circuit or, if asked, the Supreme Court will treat the civil case remain unknown1,21,35.

Sources

  1. CBS NewsCalifornia officials face grand jury subpoenas as DOJ expands voting probe
  2. ABC NewsDOJ issues grand jury subpoenas to election officials in California
  3. ABC30DOJ issues grand jury subpoenas to election officials in California
  4. ABC7 Los AngelesDOJ issues grand jury subpoenas to election officials in California
  5. (AP, via Local 10)The Latest: DOJ subpoenas California officials in escalation of local election scrutinyAlso (AP, via The Seattle Times), (AP, via The Philadelphia Inquirer)
  1. ABC7 News Bay AreaDOJ issues grand jury subpoenas to election officials in California
  2. ABC7 ChicagoDOJ issues grand jury subpoenas to election officials in California
  3. ABC11DOJ issues grand jury subpoenas to election officials in California
  4. ABC7 New YorkDOJ issues grand jury subpoenas to election officials in California
  5. 6abcDOJ issues grand jury subpoenas to election officials in California
  6. ABC13 HoustonDOJ issues grand jury subpoenas to election officials in California
  7. Alabama ReflectorJudge denies attempt by Trump’s DOJ to exclude 20,000 California ballots from vote count
  8. Arkansas AdvocateJudge denies attempt by Trump’s DOJ to exclude 20,000 California ballots from vote count
  9. Florida PhoenixJudge denies attempt by Trump’s DOJ to exclude 20,000 California ballots from vote count
  10. Idaho Capital SunJudge denies attempt by Trump’s DOJ to exclude 20,000 California ballots from vote count
  11. Louisiana IlluminatorJudge denies Trump DOJ attempt to exclude 20,000 California ballots from vote count
  12. Maine Morning StarJudge denies attempt by Trump’s DOJ to exclude 20,000 California ballots from vote count
  13. Minnesota ReformerJudge denies attempt by Trump’s DOJ to exclude 20,000 California ballots from vote count
  14. Missouri IndependentJudge denies attempt by Trump’s DOJ to exclude 20,000 California ballots from vote count
  15. Daily MontananJudge denies attempt by Trump’s DOJ to exclude 20,000 California ballots from vote count
  16. NC NewslineJudge denies attempt by Trump’s DOJ to exclude 20,000 California ballots from vote count
  17. North Dakota MonitorJudge denies attempt by Trump’s DOJ to exclude 20,000 California ballots from vote count
  18. Nebraska ExaminerJudge denies attempt by Trump’s DOJ to exclude 20,000 California ballots from vote count
  19. New Jersey MonitorJudge denies Trump attempt to exclude 20,000 California ballots from vote count
  20. Ohio Capital JournalJudge denies attempt by Trump’s DOJ to exclude 20,000 California ballots from vote count
  21. Rhode Island CurrentJudge denies attempt by Trump’s DOJ to exclude 20,000 California ballots from vote count
  22. South Dakota SearchlightJudge denies attempt by Trump’s DOJ to exclude 20,000 California ballots from vote count
  23. Tennessee LookoutJudge denies attempt by Trump’s DOJ to exclude 20,000 California ballots from vote count
  24. Utah News DispatchJudge denies attempt by Trump’s DOJ to exclude 20,000 California ballots from vote count
  25. Washington State StandardJudge denies attempt by Trump’s DOJ to exclude 20,000 California ballots from vote count
  26. Wisconsin ExaminerJudge denies attempt by Trump’s DOJ to exclude 20,000 California ballots from vote count
  27. West Virginia WatchJudge denies attempt by Trump’s DOJ to exclude 20,000 California ballots from vote count
  28. LAistJustice Department appeals ruling allowing California to count disputed ballots
  29. Iowa Capital DispatchJudge denies attempt by Trump’s DOJ to exclude 20,000 California ballots from vote count

How it’s being reported

26 sources

First reported by New Jersey Monitor

CBS NewsABC NewsLAistLocal 10

Where they agree

  • DOJ is pursuing California over alleged noncitizen registrations around a list of about 20,000 people
  • Carter denied a request to keep those ballots out of the count
  • DOJ has appealed to the 9th Circuit

Where they differ

When the grand jury subpoenas were issued

Accuracy of the federal list of alleged noncitizen registrants

Side by side

Each outlet's article broken down by our newsroom, in our own words. To read what they wrote, use the button under each one.

CBS NewsCBS News

California officials face grand jury subpoenas as DOJ expands voting probe

Subpoena contents, Logan statement and DOJ comment after Judge Carter's ruling

CBS reports grand jury subpoenas to California officials, including Los Angeles, over alleged noncitizen registrations after a judge blocked sequestering ballots.

Subpoena contents, Logan statement and DOJ comment after Judge Carter's ruling

What it reports

  • Subpoenas sent Oct. 21-24 to state and local officials, including three to L.A. registrar staff
  • Asks for records on screening for unlawful voting and correspondence with DHS and DOJ officials
  • DOJ said it does not comment on leaks but framed criminal inquiry as consistent with the court's remarks on unlawful voting
ABC NewsABC News

DOJ issues grand jury subpoenas to election officials in California

Thursday timing and clash with states days before midterms

ABC, citing unnamed sources, says DOJ issued grand jury subpoenas Thursday in a criminal inquiry into California voter rolls.

Leaves out Subpoena document details and named official statements

Thursday timing and clash with states days before midterms

What it reports

  • Sources told ABC the subpoenas went to local California election officials Thursday
  • Cast as part of a criminal investigation into the state's voter rolls

Leaves out Subpoena document details and named official statements

Same copy also at ABC affiliates: ABC30 · ABC7 Los Angeles · ABC7 News Bay Area · ABC7 Chicago · ABC11 · ABC7 New York · 6abc · ABC13 Houston

Judge denies attempt by Trump’s DOJ to exclude 20,000 California ballots from vote count

Carter ruling and 9th Circuit appeal, not the later subpoenas

States Newsroom republication of reporting that Judge Carter denied a DOJ bid to keep about 20,000 ballots out of California's count.

Leaves out Grand jury subpoenas reported Thursday

Carter ruling and 9th Circuit appeal, not the later subpoenas

What it reports

  • DOJ appealed to the 9th Circuit after an earlier panel declined emergency relief
  • State and L.A. officials said segregating ballots was not workable before certification

Leaves out Grand jury subpoenas reported Thursday

LAistLAist

Justice Department appeals ruling allowing California to count disputed ballots

Appeal timing, quiet-period law and questions about the federal list

LAist reports DOJ asked the 9th Circuit to quickly block counting of disputed California ballots after Carter's order.

Leaves out Grand jury subpoenas

Appeal timing, quiet-period law and questions about the federal list

What it reports

  • DOJ told the 9th Circuit a fast ruling was needed because ballots were still being processed
  • Carter said the request ran against the National Voter Registration Act quiet period
  • Both sides agreed some U.S. citizens were on the federal list

Leaves out Grand jury subpoenas

Justice Department subpoenas California officials in escalation of its scrutiny of local elections

Gives this outlet’s account of the story.

Gives this outlet’s account of the story.

The Seattle Times has legal limits on how other sites show its reporting, so here you get its headline and our one-line take. For its full point of view, go straight to the source.

Same copy also at: (AP, via Local 10) · (AP, via The Philadelphia Inquirer)