A three-judge panel of the 9th Circuit Court of Appeals heard a nearly two-hour emergency argument on Sunday over the Justice Department’s demand that California set aside ballots from about 20,000 people the federal government says are likely noncitizens.
Judge Mark Bennett, appointed by Donald Trump in 2018, questioned whether the court had the ability to intervene. “I don’t see how we have jurisdiction,” he said.
Judge Patrick Bumatay, also appointed by Trump, appeared more sympathetic. “I think the government is also concerned about not having the illegal vote count,” he said.
Trump supporter and Judicial Watch President Tom Fitton of made the argument on Bannon’s War Room podcast: “The Trump administration alerted California that there were upwards of 20,000 names on the list who are not citizens and shouldn’t be voting. California started processing the ballots anyway. Once a ballot is processed you can’t track that vote any further.”
California says the list is wrong. Gov. Gavin Newsom wrote Saturday: “Trump’s DOJ is so desperate to invent ‘widespread voter fraud,’ it sent California counties lists of people who NEVER voted — and voters from the WRONG COUNTY. Absolute clown show!”
Los Angeles County said only 7,035 of the names had county addresses. It also said fewer than half the names were active voters and that over 70% had never voted. County Registrar Dean Logan appeared on MS NOW on Sunday to discuss the lawsuit. The office’s post said: “Our commitment remains the same: a safe, accessible, secure, and transparent election.”
The state’s lawyer, Sam Siegel, told the panel that the emergency was “of their own making.” Seth Waxman, the former U.S. solicitor general, representing Los Angeles County, said nothing in the process would stop the government from prosecuting anyone who voted illegally.
[NOTE: The DOJ sent Los Angeles County the list on October 13 and sued two days later. California’s mail ballots began going out October 5.]