Justice Department Serves Grand Jury Subpoenas on Los Angeles Election Workers Days Before Midterms

The Justice Department has issued grand jury subpoenas to election workers in Los Angeles County, escalating a fight with California officials over the Trump administration's effort to identify noncitizens on the state's voter rolls less than a week before the midterm elections.

The Los Angeles County Registrar-Recorder's office confirmed to NPR on Thursday that it received the subpoenas, which were directed at employees, last week. The New York Times first reported that at least two employees at the registrar's office were served with grand jury subpoenas instructing them to appear in court on Nov. 4. A Justice Department spokesperson did not respond to a request for comment, and it is unclear whether the staff who received the subpoenas are targets of a criminal investigation.

The subpoenas follow weeks of pressure from Washington. In recent weeks, the DOJ sent letters to local election officials in California warning that they could "risk significant federal scrutiny and legal exposure" if they refuse to cooperate with demands to set aside ballots tied to people federal officials have flagged as "likely" noncitizens. "If persons knowingly tabulate ballots cast by individuals identified by federal agencies as noncitizens, they risk becoming aiders and abettors to a federal crime," the letters said.

The news came a day after a federal judge in California turned down the department's request to require election officials to set aside and stop processing the ballots of thousands of voters who appear on a list of 20,000 names that federal officials call "likely" noncitizens. U.S. District Judge David O. Carter found there was no legal basis for the demand and said the court was not convinced the list was reliable. He also raised concerns that the effort would disenfranchise eligible voters and create election chaos. The Justice Department is appealing his ruling to the 9th Circuit Court of Appeals.

At a hearing in Carter's courtroom on Tuesday, the judge warned Justice Department officials, "This court believes it would be wise that any threats to state and county elected employees cease immediately." He repeated the message in the order he issued Wednesday evening, writing: "The court reiterates what it said yesterday: these threats must stop."

Los Angeles County Registrar-Recorder Dean Logan said in a statement Thursday that he appreciated the judge's comments. "Judge Carter's admonishment about threats directed at election officials on Tuesday was well placed and appreciated," Logan said. "At every step, the U.S. Department of Justice has taken a confrontational, adversarial approach. Election officials are acting in accordance with state and federal law."

Logan added that his office would "take whatever steps necessary to ensure the safety of our employees and to remain focused on serving the voters of Los Angeles County so they can exercise their voting franchise." Los Angeles County is the largest election jurisdiction in the country, and the Nov. 3 election is days away.