Slave to the DNC: Boasberg Orders DOJ to Name States Pressed Over Noncitizen Voters after Schumer Files Lawsuit

Chief U.S. District Judge James Boasberg on Thursday ordered the Trump administration to identify every state it has pressed to act against alleged noncitizen voters, giving the government until noon Friday.

The order came at the first hearing in a lawsuit filed Oct. 20 by Senate Minority Leader Chuck Schumer, House Minority Leader Hakeem Jeffries and Democratic Party committees, the Associated Press reported.

The defendants include President Donald Trump, the Justice Department, Attorney General Todd Blanche, the Department of Homeland Security and Homeland Security Secretary Markwayne Mullin.

The plaintiffs want to know whether states beyond California and Washington have received Justice Department letters since July demanding they set aside ballots of alleged noncitizens, Roll Call reported.

Boasberg said he will rule by Monday, the eve of Election Day, on whether to block further action. He also said the government could end the case by pledging not to send more letters before the election.

“You at any point can moot this, moot it all by saying we don’t intend to do this before the election, but if you don’t, I’ll issue an opinion by Monday,” Boasberg said.

Judge Questions Democrats’ Standing

The judge signaled doubts about whether the Democrats have the legal standing to sue. “I don’t doubt you have legitimate concerns,” Boasberg said, according to the AP. “The harder question for me is your standing to do it.”

Boasberg noted the letters do not require states to do anything unless the government wins a court order. Justice Department attorney Christian Dibblee agreed, saying the letters simply flag possible violations of federal law.

“There is nothing about the actual transmission of the letter that forces the recipient to do anything,” Dibblee said. “It just notifies them of potential violations of federal law.”

Plaintiffs’ attorney Uzoma Nkwonta argued the letters carry threats of prosecution. “The government cannot use threats of prosecution to coerce officials to do something the government could not do on its own,” he said.

Nkwonta said other states may have quietly complied. The plaintiffs are represented by the Elias Law Group, whose chairman, Marc Elias, founded Democracy Docket, which reported that Democrats can file more briefing on standing Saturday.

Boasberg joked about the rushed schedule. “You can get it done earlier so people can go trick or treating, that’s fine, or you can stay up until the witching hours,” he said.

The suit cites the Justice Department’s case in California, where it sought to stop officials from counting mail ballots from about 20,000 people it identified as “likely” noncitizens. A judge sided with California on Wednesday, and the department appealed.

In Washington state, Secretary of State Steve Hobbs responded Thursday to a similar demand, saying the department’s list of about 400 names included U.S. citizens.

The administration says it has found evidence that noncitizens have voted or will vote illegally in the midterms, and argues the Democrats’ claims would keep it from enforcing federal law.

Boasberg, an Obama appointee, has clashed repeatedly with the White House. Trump and his allies called for his impeachment last year after he blocked deportation flights under the Alien Enemies Act.

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