The Trump Department of Justice has conceded that its voter fraud allegations are fundamentally flawed following revelations that US citizens were mistakenly included on a suspect list used to charge 28 green card holders with felonies.
Federal Prosecution Strategy Unravels
On Monday, federal prosecutors announced criminal charges against 28 individuals in California accused of fraudulently registering to vote and making false statements in naturalization applications. These defendants are lawful permanent residents holding green cards but lack the citizenship required to cast ballots. The Department of Justice stated that felonies associated with these charges could carry sentences of up to five years in prison. During the press conference, officials admitted there may have been US citizens mistakenly included on the list of 20,000 suspected illegal voters previously identified by the administration.
The Shrinking Suspect Pool
This announcement follows a rapid revision of federal claims regarding noncitizen participation in California elections. Earlier this summer, newly appointed Homeland Security Secretary Markwayne Mullin sent a letter to state officials claiming up to 190,000 illegal voters might be on the rolls without providing evidence. Last week, the Justice Department sent a USB flash drive to Los Angeles County containing names of more than 20,000 people believed to be noncitizens. The number was revised down from the initial DHS claim of 190,000 potential voters. Now, after charging only 28 individuals, federal officials acknowledged the list contained mistaken identities.
Legal and Political Fallout
The Justice Department previously sued California, demanding courts block the state from tabulating certain ballots in the upcoming November midterms. California Secretary of State Shirley Weber condemned the federal demands as outrageous and legally violating prohibitions against systematic removal of names before elections. She noted that treating thousands of voters on the DOJ’s list as ineligible until proven otherwise would violate federal law. The Justice Department had previously sent Los Angeles county election officials a thumb drive purportedly containing names of noncitizens who were unlawfully registered to vote, demanding confirmation within 48 hours.
Expert Analysis on Scale and Impact
Election experts note that voting by noncitizens is extremely rare. Former DOJ attorney David Becker observed that the 28 prosecutions represent just 0.0001% of active voters in California. Anita Chabria wrote in The Los Angeles Times that practically, this claim is suspect, noting the crime is slightly less likely than guessing a six-digit pin code on the first try. UCLA law professor Rick Hasen stated that if the DOJ could prove many more cases, they would have heard about it, indicating the prosecutions represent a tiny fraction of the electorate.
Arrests and Specific Charges Detailed
Eleven of the 28 defendants have already been taken into custody with arrests ongoing, according to the Justice Department. Prosecutors alleged the defendants lied under oath in voter registration applications, and a department spokesperson stated that 21 of the 28 defendants had cast unlawful ballots. The charges include making false statements in a naturalization application and fraudulently signing up to vote, felonies that could carry five years in prison.
California Secretary of State Shirley Weber noted that the Department of Homeland Security first claimed in July that more than 190,000 registered voters in the state “may be” noncitizens, but had since revised that number down to 20,000 while continuing to refuse to share details about its data and methodology. Weber said that “treating the thousands of voters on DOJ’s list as ineligible until proven otherwise” would violate federal law that prohibits states from systematically removing the names of ineligible voters from voter lists in the lead-up to a federal election.
Sources
- Trump DOJ makes shocking admissions; taken to task for latest allegations of voter fraud | Governor of California
- Newsom Doth Protest Over DOJ Voter Fraud Allegations and 20,000 Noncitizens Receiving Ballots
- DoJ charges 28 green card holders in California over alleged voter fraud
Photo: Daniel Torok (Public domain)
