Acting Deputy Attorney General Trent McCotter wrote Friday to the Los Angeles County Counsel's office. He warned that officials who tabulate ballots from people federal agencies identify as noncitizens "risk becoming aiders and abettors to a federal crime," AP and Reuters reported. It answers an Oct. 15 county letter about a list of more than 20,000 registrants. That night President Trump shared it on Truth Social: "They will all go to jail for a long period of time!!!"
Ballots already in the mail now wait on county workers who have been warned in writing.
The letter is the third federal step in a week. Department letters on Oct. 13 set a noon deadline on Oct. 15 and asked counties to set aside returned ballots, a court filing shows. On Oct. 15 the department sued to stop the count until citizenship is decided. In July, Homeland Security Secretary Markwayne Mullin put the number at up to 250,000 across four states, AP reported.
- Federal election-misconduct charges this year number about 90, including 50 for noncitizen voting.
- McCotter argues the 90-day federal bar on purges covers only systematic removals.
- In Nevada, a federal list of 1,500 names turned up zero registered noncitizens.
Attorney General Todd Blanche and First Assistant U.S. Attorney Bill Essayli lead the case; Mullin's department built the list. Secretary of State Shirley Weber and Attorney General Rob Bonta answer for California. Los Angeles County Registrar Dean Logan runs the count, and County Counsel Dawyn R. Harrison said the county "cannot comply with the Justice Department's requests." Closest to it: the 20,000-plus people on the list.
Disputedwhether counting ballots from people on an untested federal list facilitates a crime or follows the law.
The FramingsJustice Department enforcement framing (Blanche, Essayli) presents the list as evidence of "state-facilitated voter fraud" that dilutes citizens' votes. Justice Department legal framing (McCotter) presents the request as a temporary set-aside, not a purge, outside the 90-day bar. California administration framing (Weber, Logan, Harrison) presents the list as unverified and late; Logan said officials "cannot withhold or refuse to count ballots based solely on unverified allegations." Election-worker framing (UCLA's Rick Hasen, Nevada's Cisco Aguilar) presents the letter and post as pressure on vote counters; Hasen said the letter "ups the ante." Litigation-record framing (Loyola's Justin Levitt) presents the suit as one more in a losing run: "Courts haven't been buying what DOJ has been selling."
The RecordThe suit, the "more than 20,000" figure and the department's quotes are in the U.S. Attorney's Office release. The letter's language appears in AP and Reuters reports and in the copy Trump posted. No judge has ruled on the list or ordered a ballot set aside. Confidence that the letter warns of criminal exposure: certain. Confidence any official faces charges before Election Day: low.
What to watch: A first hearing in the California suit. The department's Monday filing to Judge Sooknanan (Story 2). Election Day, Nov. 3.
Sources: AP, Reuters, Newsweek, Truth Social (archived Oct. 16 post), U.S. Department of Justice (USAO-CDCA release 26-196)
