Lawyers from President Donald Trump’s Justice Department were in court Sunday defending the administration’s attempts to determine how California counts its ballots during the upcoming midterm elections.
The hearing didn’t go the way the lawyers likely envisioned it going, according to a new report from Politico.
DOJ lawyers argued during a two-hour hearing before the 9th Circuit Court of Appeals that California must set aside ballots the Justice Department believes were cast by noncitizen voters. The three-judge panel, two of whom were appointed by Trump, seemed to find “serious flaws” in the DOJ’s case altogether, and called into question whether the administration had standing to bring the case in the first place.
“It seems to me you want us to issue an injunction that is entirely inconsistent with the law the California Legislature has adopted,” said Judge Mark Bennett, a Trump appointee. “How can we do that?”
The Trump administration has made it clear that it intends to meddle in the upcoming midterms. Outside of California, the administration has also filed a legal challenge to the still-to-be-decided Alaska election, seeking to stall the certification if Republican Dan Sullivan loses.
The administration’s lawyer argued that the court should immediately rule on the challenge, as early voting has already begun.
Judge Bennett seemed skeptical that there was a reason for the court to intervene.
“Congress and the California Legislature have said noncitizens can’t vote. This lawsuit is about, ‘We don’t like the way you’re sorting citizens from noncitizens,’” Bennett added. “I just don’t see [federal law] telling California how to do the sorting.”
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