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Politics · October 28, 2026

As midterms loom, Justice Department keeps taking aim at Trump foes

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In the final week before the November 3 midterm elections, U.S. District Judge David O. Carter rejected a Department of Justice request to sequester approximately 20,000 California mail-in ballots. The Trump administration sought to isolate these ballots based on claims that the voters were suspected non-citizens whose status had not been verified. Judge Carter ruled that the federal intervention violated constitutional principles of state sovereignty over elections and warned that granting the request would cause chaos and potential disenfranchisement. The Justice Department, led by Attorney General Todd Blanche and attorney Bill Essayli, has indicated it will appeal the decision to the 9th U.S. Circuit Court of Appeals.

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Reported across the spectrum

  • Judge David O. Carter rejected the Justice Department's request to sequester roughly 20,000 California ballots.
  • The Justice Department flagged these voters as suspected non-citizens.
  • The ruling occurred on Wednesday, less than a week before the November 3 midterm elections.
  • Judge Carter was appointed by President Bill Clinton.

Reported by only some outlets

  • The Justice Department claimed California failed to meet a deadline to complete a review of these suspected non-citizens.
  • The Justice Department has also preemptively sued Alaska over the certification of its U.S. Senate race.
  • The 9th U.S. Circuit Court of Appeals previously dismissed an emergency appeal on procedural grounds on Monday.
  • Bill Essayli is the federal prosecutor leading the California case.
  • Attorney General Todd Blanche has increased activity in politically fraught cases ahead of the election.
  • Judge Carter announced he would appoint a special master to handle issues related to the case.

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