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The Justice Department filed that court was appealing Carter’s ruling
October 28, 2026
CNN reports that the Justice Department quickly filed in court October 28 evening that court was appealing Carter’s ruling. Since bringing its lawsuit against California, the Justice Department has also presented a similar list to Washington state election officials and earlier this year made sweeping claims about noncitizens registered to vote in three other Democratic-led states.
According to New York Post, First Assistant US Attorney Bill Essayli announced October 28 evening that the Trump administration had filed a notice of appeal and would seek emergency relief from the 9th US Circuit Court of Appeals after US District Judge David O. Carter rejected the request. According to CNN, federal Judge David O. Carter of the Central District of California said the administration’s attempt to question whether thousands of the state’svoters are noncitizens would violate the state’s right to run its own election and compromise decades of voting and civil rights protections. CNN reports that the Justice Department had based its emergency lawsuit on what its emergency lawsuit said was a purchased list of California’s voters, matched with other government data.
Key facts
- According to Los Angeles Times, Carter said, “This request violates longstanding constitutional principles mandating that states have control over their elections”.
CNN reports that the Justice Department quickly filed in court October 28 evening that court was appealing Carter’s ruling. According to CNN, Carter, in his 26-page order the day after a lengthy hearing, said the Justice Department had its own legal tool already in which it could combat voter fraud, with federal prosecutions of noncitizens accused of unlawfully voting. In his 26-page ruling issued October 28 evening, US District Judge David Carter, a Clinton appointee, denied the Justice Department's request for a temporary restraining order to stop processing the ballots in question, NPR reports. Since bringing its lawsuit against California, the Justice Department has also presented a similar list to Washington state election officials and earlier this year made sweeping claims about noncitizens registered to vote in three other Democratic-led states, CNN reports. According to NBC News, the department said the department had compiled “a list of over 20,000 names of people” the government “believes are likely non-citizens.”
According to NPR, Carter said, "Once a vote is segregated, lasting harm has occurred". According to New York Post, Carter said, “Eroded trust in our democracy is irreparable”.
According to New York Post, First Assistant US Attorney Bill Essayli announced October 28 evening that the Trump administration had filed a notice of appeal and would seek emergency relief from the 9th US Circuit Court of Appeals after US District Judge David O. Carter rejected the request. According to CNN, federal Judge David O. Carter of the Central District of California said the administration’s attempt to question whether thousands of the state’svoters are noncitizens would violate the state’s right to run its own election and compromise decades of voting and civil rights protections. CNN reports that the Justice Department had based its emergency lawsuit on what its emergency lawsuit said was a purchased list of California’s voters, matched with other government data. The Justice Department's lawsuit, filed on October 15, was a rare intervention in the voting process weeks before an election and signaled the Trump administration's willingness to contest the midterm results in court, Reuters reports. The Justice Department swiftly appealed the decision to the 9th US Circuit Court of Appeals. Denlay, in a lengthy statement, provided a first-hand account of the chaos and confusion wrought by the DoJ’s escalating crusade against California election officials, suggesting the federal government’s efforts to go after alleged noncitizen voters was extraordinarily sloppy and misguided, The Guardian reports. According to The New York Times and NYT, Carter said, “Out of the twenty-six cases that have been decided, the D.O.J. has prevailed in precisely zero”.
NPR reports that "If the Executive can discount votes and threaten an ongoing election due to unproven allegations, then our democracy is in danger. This Court declines to be a party to such process." Reuters reports that "Once a vote is segregated, lasting harm has occurred. If the Executive can discount votes and threaten an ongoing election due to unproven allegations, then our democracy is in danger."
According to Reuters, Carter said, "Eroded trust in our democracy is irreparable".
Carter
Still developing
NPR reports that "If the Executive can discount votes and threaten an ongoing election due to unproven allegations, then our democracy is in danger. This Court declines to be a party to such process." Reuters reports that "Once a vote is segregated, lasting harm has occurred. If the Executive can discount votes and threaten an ongoing election due to unproven allegations, then our democracy is in danger."
How settled the reporting is
Sources
- CNN — Federal judge warns Trump administration’s bid to set aside 20,000 California mail ballots would ‘wreak havoc’
- NPR — Judge denies the Justice Department's bid to stop processing California ballots
- New York Post — Feds launch immediate appeal after judge rejects bid to stop California from counting 20K disputed ballots - New York Post
- The Guardian — California election official says federal agents threatened him over ‘voter fraud’
- The New York Times — Judge Rejects Trump Officials’ Bid to Set Aside California Ballots - The New York Times
- Reuters — Judge says Trump bid to set aside California ballots would ‘wreak havoc’ on democracy | Reuters
- latimes.com — Judge denies feds' request to block 20,000 California ballots in blistering opinion - Los Angeles Times
- nbcnews.com — Judge declines to block California from counting alleged noncitizen voters’ ballots in DOJ lawsuit
Toggle read the full reports of all 8 outlets counted on this event.