Justice Department Seeks Contempt Review Over California Voter Analysis
The US Justice Department is seeking possible contempt proceedings against an immigrant rights organization and its attorneys after they published findings challenging the government's list of suspected noncitizen voters in California. The dispute, unfolding in federal court in Washington, centers on the accuracy of more than 20,000 names identified by the Trump administration.
On Friday, US District Court Chief Judge James Boasberg authorized the Coalition for Humane Immigrant Rights (CHIRLA) to examine federal government data concerning the alleged noncitizen voters. His order prohibited the plaintiffs from disclosing names and restricted their use of the information to arguments concerning their legal standing in the case.
However, attorneys representing the immigrant rights group submitted an analysis to the court on Saturday that raised questions about the government's records. Their findings indicated that more than 40% of the individuals on the list did not appear in California's voter registration database.
The analysis also identified 22 individuals who were likely naturalized US citizens. According to the attorneys, thousands of additional US citizens also appeared to be included in the government's list.
In a court filing on Sunday, the Justice Department argued that the analysis exceeded the limits established by Boasberg's order. The department maintained that the findings were unrelated to whether the plaintiffs had legal standing to pursue their lawsuit.
"The report's political grandstanding about alleged inaccuracies that purportedly impact California voters generally, or comparisons between the government's list and the full 'California voter file,' has no relevance to whether the particular plaintiffs in this case have standing," the Justice Department said in its filing.
The department also asked the court to consider referring the matter for an investigation into possible criminal contempt of court. Such proceedings could examine whether the organization and its legal representatives violated the judge's restrictions.
Alberto Lammers, a spokesman for the University of California, Los Angeles' Voting Rights Project, which filed the lawsuit and conducted the analysis for CHIRLA, rejected the department's allegations.
"Plaintiffs' counsel and their experts fully complied with the Court's orders," Lammers said in an emailed statement.
Separately, the Justice Department appealed a ruling issued Friday night by US District Court Judge Trina L. Thompson in San Francisco. Her decision prohibited federal officials from ordering election offices to remove potential noncitizens from voter registration lists, separate their ballots, or face threats of legal action.
The Justice Department argued that Thompson issued her decision before the federal government had an opportunity to submit its initial legal arguments. The judge scheduled a hearing for Monday to address the appeal.
The California litigation is part of a broader series of legal setbacks for the Trump administration's efforts to challenge alleged noncitizen voter registrations. In another case, a federal judge rejected the administration's request to require election officials to separate ballots cast by suspected noncitizens.
The judge warned that imposing such requirements shortly before an election could create serious disruption.
"wreak havoc" wrote the judge, describing the potential consequences for California's election of last-minute ballot separation orders. Two appellate judges subsequently agreed with the decision.
California election officials have also challenged the reliability of the federal list. They argue that it contains numerous errors and that they lack sufficient time to conduct the detailed verification legally required before removing individuals from voter registration records.
Under existing procedures, individuals attest to their US citizenship when registering to vote. Casting a ballot without meeting eligibility requirements can expose individuals to felony prosecution.
The Trump administration maintains that its list was carefully assembled by comparing California voter registration information with federal citizenship records. The Justice Department has also issued multiple subpoenas to California election offices and warned officials that knowingly allowing ineligible noncitizens to vote could result in criminal charges.
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