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Federal judge blocks Trump DOJ threats against election workers ahead of 2026 midterms

31 October 2026 at 05:57

A federal judge on Friday temporarily barred the Trump administration from threatening election workers with criminal prosecution over ballots tied to suspected noncitizens.

U.S. District Judge Trina Thompson found that the Justice Department and Department of Homeland Security likely violated the Voting Rights Act's prohibition against voter intimidation by threatening election workers with prosecution for processing ballots from voters the administration claims are ineligible, just days before the midterm elections.

"One of the hallmarks of a fair election is the freedom to exercise the right to vote free from threat, fear, or intimidation," Thompson, a Biden-appointed judge, wrote in the eight-page order.

The ruling comes as the Trump administration has sought voter registration information from states ahead of the Nov. 3 elections, arguing that its efforts are aimed at preventing noncitizen voting and protecting election integrity.

BIDEN-APPOINTED JUDGE BLOCKS VOTER-FRAUD PROBES IN BATTLEGROUND STATES JUST DAYS BEFORE MIDTERMS

The temporary restraining order prohibits federal officials from threatening, intimidating or coercing state and local election workers into halting ballot processing solely because the administration alleges certain registered voters are ineligible.

The order also bars the administration from demanding that election officials remove registered voters from voter rolls, refuse to issue them ballots or segregate or decline to count their ballots based solely on those allegations.

The lawsuit was brought by labor unions and civil rights organizations, including the Service Employees International Union and the NAACP.

"Because the public has a paramount interest in ensuring that election officials and workers are able to carry out their work in accordance with federal law and election procedure, and the official day of the Elections is only a couple of days away, the balance of the equities and public interest weigh in Plaintiffs' favor," Thompson wrote.

"Ballots have already been issued," Thompson also noted. "Americans have already begun voting."

NINTH CIRCUIT QUESTIONS TRUMP DOJ'S EMERGENCY REQUEST TO SET ASIDE 20,000 CALIFORNIA MAIL BALLOTS

Thompson also ordered the administration to notify state and local governments that received the disputed letters that the demands and threats of prosecution contained in them have been blocked.

Earlier Friday, a federal appeals court separately ruled against the Trump administration's emergency request to require California to set aside mail-in ballots associated with roughly 20,000 voters federal officials identified as likely noncitizens while their citizenship status was verified.

The Ninth U.S. Circuit Court of Appeals denied the Justice Department's request to set aside the disputed mail-in ballots while officials reviewed the voters' citizenship status, handing the administration another setback just four days before Election Day.

Fox News Digital has reached out to the Justice Department for comment.

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Fox News Digital's Jasmine Baehr and Reuters contributed to this report.

Liberal court delivers immigration win for Trump as judge warns of ‘floodgates’ if law firm succeeded

30 October 2026 at 18:30

A liberal-majority appeals court in California handed the Trump administration a victory by blocking a lower court's ruling that ordered the State Department to open its application pool for the 2027 Diversity Visa lottery, which admits roughly 55,000 immigrants from low-immigration countries each year.

In a 2-1 ruling, the Ninth Circuit Court of Appeals blocked a preliminary injunction issued by U.S. District Judge Jinsook Ohta requiring the lottery pool to be opened after Secretary of State Marco Rubio issued a notice in November delaying the program's acceptance of new applications in order to "implement certain changes," but the application period never opened.

A month later, the State Department ordered an indefinite pause on issuing diversity visas after a Portuguese national who was issued a lottery visa in 2017 committed a mass shooting at Brown University, killing two people and injuring nine others. The shooter, Claudio Manuel Neves Valente, was also tied to the murder of a Massachusetts Institute of Technology (MIT) professor two days after the Brown University shooting.

FBI REVEALS BROWN UNIVERSITY MASS SHOOTER BEGAN PLOTTING MASSACRE AS EARLY AS 2022, BLAMED VICTIMS

The Ninth Circuit has been a perennial thorn in the side of President Donald Trump, having ruled against key portions of Trump's 2017 executive order restricting travel from predominantly Muslim countries and blocked a policy barring immigrants from being eligible for asylum if they crossed the southern border between ports of entry.

However, the appeals court ruled that the lower court's preliminary injunction could not be enforced, finding that the immigration law firm Red Eagle, which represents individuals going through the visa lottery process, did not have standing to sue the federal government. The appeals court ruled that the program was intended to "encourage immigration, not generate revenue for law firms."

LIBERAL COURT STUNS WITH RULING THAT HANDS TRUMP MAJOR IMMIGRATION WIN

The court wrote, "If Red Eagle Law were allowed to allege standing based upon its hypothetical or conjectural collateral injury, we would be opening the floodgates, allowing all lawyers to ‘roam the country in search of governmental wrongdoing.’"

However, the court made clear that its ruling was based on procedural grounds and did not weigh whether the State Department failed to follow the law.

"We do not endorse the Department’s failure to open the lottery registration period," the court wrote.

Abhishek Kambli, a former federal prosecutor and partner at Holtzman Vogel, said the decision by the liberal court was a "very easy call" in a post on X.

"Here, the plaintiff was a law firm not bringing a claim on behalf of someone in the diversity visa lottery but on behalf of the firm itself," Kambli wrote. "The district court should have never gone beyond standing but CA9 corrected this one."

TRUMP ADMIN ANNOUNCES EXPANSION OF VISA RESTRICTION POLICY IN WESTERN HEMISPHERE

President Donald Trump has been vocal about his opposition to the Visa Lottery Program for years. During his January 2018 State of the Union address, he called for ending the program, arguing that visas should be issued based on merit.

Earlier that same month, Trump said during a bipartisan meeting with lawmakers at the White House that lottery visas allow the "worst of the worst" to come into the country.

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"They call it ‘visa lottery,’ I just call it ‘lottery.’ But countries come in and they put names in a hopper," Trump said. "They’re not giving you their best names; common sense means they’re not giving you their best names."

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Countries eligible for the 2026 lottery included Afghanistan, New Zealand, Ecuador, Iran, Uganda, Somalia and Russia. The program was designed to create an additional pathway for people seeking visas who may not qualify through traditional channels, such as employment- or family-based immigration.

California election workers hit with criminal subpoenas as Trump DOJ turns up heat in voting showdown

30 October 2026 at 17:22

Leadership at the Department of Justice is escalating the Trump administration’s fight with California over suspected illegal voting, directing top federal prosecutors to pursue criminal subpoenas of local and state officials.

At least four election workers in California have received federal criminal grand jury subpoenas within the last week, CalMatters reported. At least one of these subpoenas was delivered on Thursday, after a federal judge rejected the DOJ’s request that California set aside mail-in ballots associated with over 20,000 registered voters whose citizenship the Trump administration has called into question.

A subpoena sent to three election employees at the Los Angeles County Registrar-Recorder’s office requested records on how the department stops non-citizens from voting as well as "records relating to or involving evidence collected by your agency which tends to indicate an alien has voted in a federal election." An official in Orange County received a similar subpoena, local media reported.

JUDGE REJECTS DOJ REQUEST TO BLOCK CALIFORNIA FROM IMMEDIATELY COUNTING BALLOTS LINKED TO ALLEGED NONCITIZENS

"This court believes it would be wise that any threats to state or county employees cease immediately," the judge said during court proceedings. "These threats must stop," he wrote in his Wednesday decision.

A Justice Department spokesperson pushed back against characterizations that the administration was targeting individuals with subpoenas, noting that receiving a subpoena doesn’t mean you are a target and that the DOJ generally doesn’t subpoena targets.

DOJ FIRES BACK AT DEM AG OVER ELECTION DAY GUIDANCE TELLING OFFICIALS WHEN TO CALL COPS ON FEDERAL AGENTS

"To be clear, the district court judge explained that voting unlawfully results in criminal exposure. Consistent with this, California also wrote in its filing that the remedy for unlawful voting is through criminal prosecution," Justice Department spokeswoman Kiersten Pels said in an emailed statement. "Thus, while DOJ maintains that a civil remedy is still available, all agree that noncitizen voting is properly addressed through criminal law."

She declined to comment on the "alleged grand jury subpoenas," citing departmental policy.

JUSTICE DEPARTMENT CHARGES 16 ACROSS MULTIPLE STATES WITH ALLEGED ILLEGAL VOTING, ELECTION CRIMES

The DOJ’s clash with California is part of a broader effort undertaken by the Trump administration to prove widespread voter fraud. While the administration has turned up a number of examples of non-citizens registered to vote in federal elections, it has yet to prove widespread illegal voting.

The DOJ has appealed the decision blocking it from compelling California to separate ballots associated with more than 20,000 registered voters it suspects may be noncitizens. Many of these ballots, however, have already been cast by early voters and anonymized, making it virtually impossible to identify them.

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The California governor’s office did not respond to a request for comment when reached by Fox News Digital on Friday.

Unhinged judge who called Latino attorney a 'White savior' ordered to undergo psychiatric examination

30 October 2026 at 13:18

A Trump-appointed judge was ordered to undergo a psychiatric examination as part of an ongoing judicial misconduct investigation after she called a Latino attorney a "White savior" who was intimidated by "Black excellence" due to his "White mediocrity" during a hearing.

U.S. District Judge Ada Brown of the Northern District of Texas, who is Black and Native American, was temporarily removed from her docket by the Fifth Circuit Judicial Council earlier this month, following a May judicial-conduct complaint filed by attorney Ezra Young, whose permission to practice before Brown had previously been revoked.

The complaint centered on Brown's rhetoric toward Young during his appearance for a show-case hearing, in which he was facing sanctions over allegations from Brown that he shared sealed court filings online. Young represented a Black law professor who sued Southern Methodist University, alleging she was denied tenure because of discrimination. He joined the case in 2022 and appeared before Brown before the judge barred him from practicing in her courtroom.

OBAMA-APPOINTED JUDGE TORCHES TRUMP ADMIN IN LATEST COURTROOM SHOWDOWN, REFERS ATTORNEY FOR BAR REVIEW

During the April hearing, Brown railed against Young, accusing him of "bullying" the Black attorneys on the case.

"You’re the White savior, come to save all the stupid Black lawyers in Texas who need your help from New York," Brown later said, according to the transcript obtained by Bloomberg.

Brown repeatedly brought attention to Young's skin color, calling him "White presenting" and "fair-skinned" after Brown told her that he was a Latino.

"I think what’s happening here, quite candidly, is you are very intimidated for some reason, Mr. Young, with Black excellence, in light of your White mediocrity. Yeah. Right?" Brown said. "You should write that down. I mean, you — I’m — you look like a White man, right?"

She also called Young a "Chad" which she said is the male version of "Karen."

"It’s someone who calls the manager when they don’t get their way. They stomp their foot when the rules are supposed to apply to them, right?" Brown said.

OBAMA-APPOINTED JUDGE WITH TIES TO ANTI-TRUMP CONSPIRACY THEORY HIT WITH MISCONDUCT COMPLAINT

Brown also accused Young of sensationalizing the case after reading a news article that quoted his brief and referenced another law professor’s comparison of the Black professor’s treatment in the tenure dispute to a "lynching."

"And so when I read a headline — a sensationalized, very racialized headline that says, ‘it’s like I’ve been lynched,’ and it’s literally got no connection to this case, I have to ask you, Mr. Social Media, Main Character Chad, White Hero, Savior, Loves to Help Black People Be An Ally, where the lynching in this case came from?" Brown said.

The release of the April court hearing transcripts comes as Brown shared with lawyers, judges and several media outlets via email of Young's complaint and her response.

Meanwhile, in a July 28 filing responding to Young's complaint, Brown stood by her conduct.

"I do not believe my demeanor was inappropriate at any time, especially during the candid conversations about race," Brown wrote.

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"I take to heart the lessons I have learned from this experience and I ask the Chief Judge to weigh this candor, as well as my commitment to being mentored by senior judges with more experience in such situations when determining an appropriate disposition," Brown wrote. "I realize the importance of public confidence in the judiciary and take to heart my role in fostering the public’s faith in it."

President Donald Trump appointed Brown to the federal court in Texas in March 2019. She is the first Black woman to serve in that court.

Judge rejects DOJ request to block California from immediately counting ballots linked to alleged noncitizens

29 October 2026 at 11:46

A federal judge rejected the Justice Department’s request for a temporary restraining order that would have barred California from counting mail ballots from more than 20,000 alleged noncitizen voters, saying the election "is already underway."

U.S. District Judge David Carter, in a ruling issued late Wednesday night after a hearing in Los Angeles, said the government's request "would wreak havoc and disrupt the election that is already underway, create a chilling effect on election workers and voters alike, and discount the votes of United States citizens."

The Justice Department immediately appealed the decision to the Ninth Circuit Court of Appeals.

CALIFORNIA MUST RESPOND TO DOJ'S EMERGENCY REQUEST OVER BALLOTS MAILED TO ALLEGED NONCITIZENS, COURT RULES

"The district court denied our emergency request to sequester ballots from 20,000 suspected noncitizens," U.S. Attorney Bill Essayli wrote on X. "Every day, more ballots are processed by election officials. This ongoing emergency disenfranchises American citizens through dilution. The Solicitor General authorized an immediate appeal. We filed our Notice of Appeal and will immediately seek an emergency order from the Ninth Circuit."

NEWSOM SPARS WITH TRUMP-APPOINTED PROSECUTOR OVER 20,000 SUSPECTED NONCITIZENS ON VOTER ROLLS

California mails ballots to all 23 million of its registered voters. More than 3.7 million people have already voted in the state, including more than 500,000 ballots already processed this week with the ballot already out of the envelope, according to court filings.

It would be impossible to know which ballot belonged to a particular voter now, according to Los Angeles County officials.

BLANCHE WON'T RULE OUT DOJ BLOCKING ELECTION CERTIFICATION IN 'DOOMSDAY' SCENARIO

"Eroded trust in our democracy is irreparable," Judge Carter, appointed by former President Bill Clinton, wrote. "Once a vote is segregated, lasting harm has occurred. If the Executive can discount votes and threaten an ongoing election due to unproven allegations, then our democracy is in danger. This Court declines to be a party to such process."

STATE DEPARTMENT CONSIDERS SHARING PASSPORT RECORDS FOR VOTER CITIZENSHIP CHECKS

Carter said that "states have control over their elections," but the federal government claims it has evidence the state refuses to accept that there are 20,000 noncitizens registered to vote in the state of California.

President Donald Trump has repeatedly insisted that states are not doing enough to stop noncitizens from voting, which he says is widespread.

Carter said the Justice Department never explained why counting ballots would impair any prosecutions under the law, and California said the DOJ's assertions relied on "suspect data."

JUSTICE DEPARTMENT CHARGES 16 ACROSS MULTIPLE STATES WITH ALLEGED ILLEGAL VOTING, ELECTION CRIMES

"There are no mysterious databases; this was laid out in publicly filed declarations," Essayli wrote Wednesday night on X. "Voter rolls were compared to USCIS immigration, Social Security, and passport records. We are not changing the rules mid-election, we are enforcing them. It’s unlawful for noncitizens to vote."

Registered voters can self-declare to be noncitizens to get removed from the voter roll, and do so while they are seeking naturalization or saying they are ineligible for jury duty.

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In Washington state, the Justice Department on Monday sent a letter asking officials not to count any ballots received from 400 voters it claims are not citizens. Washington had 5 million registered voters as of 2024, state records show.

The Associated Press and Reuters contributed to this report.

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