The Department of Justice has launched a criminal investigation in California by issuing federal grand jury subpoenas to local election officials across the state, according to multiple sources with direct knowledge of the matter. The subpoenas, sent between October 21 and October 24, are part of the administration's effort to substantiate its claim that California has as many as 20,000 noncitizens on its voter rolls.
It remains unclear precisely how many subpoenas were issued or which officials received them. The subpoenas reviewed by news outlets were directed to employees of the Los Angeles County Registrar-Recorder/County Clerk's office and seek documents concerning the county's correspondence with federal officials including Homeland Security Secretary Markwayne Mullin and acting Deputy Attorney General Trent McCotter. The subpoenas also demand records and communications about the agency's methods for screening for unlawful voting by noncitizens, along with information related to any evidence collected about noncitizen voters. Some employees were required to provide testimony on November 4, the day after the election.
A Justice Department official told NBC News that receiving a subpoena does not necessarily mean a person is a target of investigation, only that they may have information relevant to the inquiry. The official also noted that the Justice Department rarely subpoenas people it intends to charge with crimes. The agency declined to comment on the subpoenas themselves but said in a statement that voting unlawfully results in criminal exposure and that "noncitizen voting is properly addressed through criminal law."
The subpoenas follow a federal judge's rejection on Wednesday of the Trump administration's request to segregate the ballots in question. U.S. District Judge David Carter wrote in his order that "never before in American history has the federal government, on the eve of an election, sought to coerce a state and local government to abandon their own Constitutional elections procedures and bend to the will of the Executive Branch." An appeals court had previously denied the administration's request on Monday to block California from counting the ballots.
Los Angeles County Registrar-Recorder and County Clerk Dean Logan said in a statement that the Justice Department "has taken a confrontational, adversarial approach" at every step and that election officials are "acting in accordance with state and federal law." He called the subpoenas a form of intimidation and noted that federal court rulings have confirmed that the state's election procedures are lawful. "Threats and intimidation have no place in elections," Logan said, pledging to take steps to ensure employee safety.
Last week, the Justice Department sent warning letters to 57 of California's 58 counties demanding cooperation with federal investigations into illegal voting or face investigations themselves. The Trump administration has also expanded its efforts to Washington state, asking its secretary of state to review a list of 400 registrants it believes to be noncitizens and to sequester any ballots those people cast. The administration has pursued similar pressure on other states, having sued 30 states and the District of Columbia for refusing to hand over voter registration data.
Election experts have noted that while noncitizens can appear on voter rolls, it is rare. Newly naturalized citizens are often mistakenly flagged as noncitizens, particularly since there is no comprehensive federal list of U.S. citizens. Experts have argued that the Trump administration's lawsuits rely on weak legal arguments, noting that the Justice Department lacks legal authority to intervene in election certification.
