The Justice Department on Friday night dropped its lawsuit against California over the 20,000 ballots mailed to non-citizens since the state already tallied its ballots.
The Justice Department recently sued California and Los Angeles County over 20,000 suspected non-citizens registered to vote who have already been mailed ballots.
First Assistant US Attorney Bill Essayli said that voter rolls were compared to USCIS immigration, Social Security and passport records.
After a battle in the District Court with a Clinton-appointed judge, the Ninth Circuit Court of Appeals on Friday night rejected the DOJ’s bid to force California to segregate the ballots in question.
On Monday morning, the DOJ filed an emergency petition with the Supreme Court.
“In addition, because the United States’ irreparable injury is ongoing, the United States respectfully requests an administrative injunction pending the Court’s consideration of this application,” John Sauer wrote.
“Congress has made it “unlawful for any alien to vote” in any federal election. 18 U.S.C. 611. Enforcing that exclusion of aliens is “part of the sovereign’s obligation ‘to preserve the basic conception of a political community,’”” Sauer wrote.
The US Supreme Court later Monday denied the Trump Administration’s request to force California to segregate 20,000 ballots.
“The application for injunction pending appeal presented to Justice Kagan and by her referred to the Court is denied,” the unsigned order said with no noted dissents.
The DOJ late Friday night dropped the lawsuit after the Supreme Court denied its last-minute bid to segregate the ballots.
“In light of the Supreme Court’s denial, the United States is evaluating how to best ensure that American votes are protected, including by preventing vote dilution by noncitizens. In addition, by the time of this Court’s hearing on November 13 in this matter, California will have already commingled the challenged ballots with lawful ones,” the DOJ said in a court filing.
“There is then no way to get the challenged ballots segregated. As a result, the relief the United States sought and needed is no longer available—rendering voluntary dismissal necessary because there is no longer Article III jurisdiction,” the Justice Department wrote in its notice of voluntary dismissal reviewed by The Gateway Pundit.
“Since no answer or motion for summary judgment has been filed, this notice of voluntary dismissal is timely and the case is dismissed,” the DOJ said.
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