'Go out and indict': US judge doubts Trump DOJ's bid to set aside 20,000 alleged noncitizen ballots in California

A federal judge in Los Angeles expressed deep scepticism on Tuesday about the Trump administration's emergency push to segregate 20,000 mail ballots it claims were sent to noncitizens ahead of next week's midterms. Judge David O. Carter of the US District Court for the Central District of California told Justice Department prosecutors they already had a remedy available without court intervention. He noted California counties have until December 3 to certify results, giving prosecutors time to investigate — and told DOJ lawyer Bill Essayli simply to pursue criminal indictments instead.

The 9th Circuit had already rejected the DOJ's emergency appeal in a 2-1 ruling, calling the administration's claimed urgency 'a self-constructed one' after it waited three weeks before filing.

Carter questioned how the government compiled its list of suspected noncitizen voters, calling the demands a 'monumental change' to California's election procedures.

Legal experts reportedly say the noncitizen voting push is 'more about messaging than law enforcement' as Republicans face mounting signs of midterm losses.