California Governor Gavin Newsom has sent a letter to federal judges in the state expressing concerns about the risk of judges issuing search warrants to seize ballots and election materials. Newsom emphasized that California’s strict laws on ballot handling make such seizures unnecessary, asserting they would “interfere in a State’s lawful counting of ballots.”
The governor’s warning follows recent actions by the U.S. Department of Justice (DOJ), including letters from Acting Deputy Attorney General Trent McCotter to state officials, which threatened legal consequences for non-compliance with federal demands. Newsom noted that federal judges have been advised to halt threats against election workers, yet the DOJ has persisted in pursuing criminal investigations against officials who do not comply. He cited “well-documented weaponization” of the DOJ to serve “partisan and personal ends,” raising concerns about efforts to “disenfranchise voters and undermine election integrity.”
Governor’s Letter Warns of Federal Overreach
Newsom’s letter specifically addresses the risk of federal judges issuing search warrants to seize ballots, election records, or voting technology during ongoing elections. He stated that such actions would “interfere in a State’s lawful counting of ballots,” with no legitimate law enforcement justification under California’s procedures. The governor highlighted that the DOJ’s persistence in advancing “a baseless theory of criminal liability” suggests a potential shift to criminal proceedings after previous civil setbacks. He urged federal judges to scrutinize warrant applications carefully, citing a UC Berkeley resource for evaluating such requests.
DOJ Actions and Legal Threats
The letter references Bilal Essayli, a U.S. Attorney for the Central District of California, who threatened criminal prosecution against election officials processing ballots from individuals the federal government claims may be non-citizens. Newsom also noted that DOJ officials have doubled down on investigations against local officials who resisted federal demands, despite warnings from Judge David O. Carter in the case United States v. The governor’s concerns align with recent polling suggesting potential shifts in congressional control, which he linked to the DOJ’s tactics.
Newsom’s letter concludes by urging federal judges to consider the impact of warrant approvals on California’s ability to certify election results by December 11, 2026. The governor’s office stated the letter was not tied to any pending warrant applications but aimed to preempt potential interference with the electoral process.
