The Department of Justice issued subpoenas to election workers in Los Angeles in an escalation of tensions with California election officials over the Trump administration's efforts to identify noncitizens on the state's voter rolls.
The Los Angeles County Registrar-Recorder's office confirmed to NPR on Thursday that it received grand jury subpoenas directed at employees last week.
The confirmation follows reporting that first appeared in the The New York Times that at least two employees at the registrar's office were served grand jury subpoenas with instructions to appear in court on Nov. 4.
In recent weeks, the DOJ sent letters to local election officials in California warning them they could "risk significant federal scrutiny and legal exposure" if they refuse to cooperate with DOJ demands to set aside ballots pertaining to people that federal officials have flagged as "likely" noncitizens.
"If persons knowingly tabulate ballots cast by individuals identified by federal agencies as noncitizens, they risk becoming aiders and abettors to a federal crime," the letters warned.
A spokesperson for the Justice Department did not respond to a request for comment about the subpoenas.
It is unclear whether the staff who received the subpoenas are the targets of a criminal investigation at this point.
The news of last week's subpoenas comes a day after a federal judge in California rejected a request by the Justice Department to require California election officials to set aside and stop processing the ballots of thousands of California voters who appear on a list of 20,000 names federal officials say are "likely" noncitizens.
U.S. District Judge David O. Carter found there was no legal basis for the DOJ's demand and the court was not convinced its list was reliable. The judge also raised concerns the effort would disenfranchise eligible voters and create election chaos.
The DOJ is appealing his ruling to the 9th Circuit Court of Appeals.
At a hearing in Carter's courtroom on Tuesday, the judge warned Justice Department officials, "This court believes it would be wise that any threats to state and county elected employees cease immediately."
Carter repeated that message in the order he issued Wednesday evening, writing: "The court reiterates what it said yesterday: these threats must stop."
Los Angeles County Registrar-Recorder Dean Logan expressed gratitude for Carter's comments in a statement Thursday.
"Judge Carter's admonishment about threats directed at election officials on Tuesday was well placed and appreciated," Logan said. "At every step, the U.S. Department of Justice has taken a confrontational, adversarial approach. Election officials are acting in accordance with state and federal law."
He added: "We will take whatever steps necessary to ensure the safety of our employees and to remain focused on serving the voters of Los Angeles County so they can exercise their voting franchise."
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