
洛杉矶一名联邦法官严厉驳回特朗普政府试图阻止2万张加州选票的请求后不久,美国司法部便提出上诉——双方律师周四都在为又一场法庭交锋做准备。特朗普政府声称这些选民可能不是美国公民。尽管下级法院法官称该请求是对周二中期选举中合格选民以及今后自由公平美国选举的非法威胁,且同一上诉法院几天前已驳回该计划,司法部仍提出上诉。
Soon after a federal judge in Los Angeles sharply rejected a Trump administration effort to block 20,000 California ballots from voters it alleged may be noncitizens, the U.S. Justice Department appealed — leaving attorneys on both sides preparing Thursday for yet another court battle. That was despite the lower court judge calling the request an unlawful threat to eligible voters in Tuesday's midterm election and to free and fair American elections moving forward, and the same appellate court having already rejected the plan days before.
“每天都有更多选票被选举官员处理。这种持续存在的紧急状况通过稀释选票剥夺了美国公民的选举权,”洛杉矶首席联邦检察官、美国第一助理检察官比尔·埃萨伊利写道。周四早些时候,州长加文·纽森回击特朗普政府,写道:“警告唐纳德·特朗普:我正在向加州关键的战场选区部署选举律师,以保护每一张选票。而且我刚刚将非法夺取选票定为重罪。”
"Every day, more ballots are processed by election officials. This ongoing emergency disenfranchises American citizens through dilution," wrote First Assistant U.S. Atty. Bill Essayli, the lead prosecutor in L.A. Early Thursday, Gov. Gavin Newsom swiped back at the Trump administration, writing, "A warning to Donald Trump: I’m deploying election lawyers to key battleground districts in California to protect every vote. And I just made it a FELONY to illegally seize ballots."
距离投票结束仅剩几天,加州与特朗普政府之间激烈的选举战没有丝毫放缓的迹象,尽管多项法院命令已驳回政府通过指控州和县官员故意对选民欺诈视而不见来干预中期选举的核心企图。部分原因是美国司法部内部的律师在追求这种控制方面毫不松懈,既通过法院命令,也通过对州和县官员的威胁——包括向洛杉矶县选民登记处/县书记官迪恩·洛根办公室的至少三名官员发出刑事大陪审团传票。
With just days to go until polls close, the heated election war between California and the Trump administration is showing no signs of slowing down despite multiple court orders rejecting the administration's central effort to interfere in the midterms by accusing state and county officials of willfully turning a blind eye to voter fraud. That's in part because lawyers within the U.S. Justice Department have been unrelenting in their pursuit of such control, both through court orders and threats to state and county officials — including through criminal grand jury subpoenas issued to at least three officials in Los Angeles County Registrar-Recorder/County Clerk Dean Logan's office.
《泰晤士报》查阅了这些传票,传票要求这些官员在选举次日携带大量内部文件面见检察官,并就其办公室如何处理司法部要求隔离选票一事作出说明。
The subpoenas, reviewed by The Times, demand that the officials appear before prosecutors the day after the election with a slew of internal documents and speak to their office's handling of the Justice Department's demands to segregate the ballots.
这也是因为同样的州和县官员拒绝让步,在最近给司法部的回信中谴责这些威胁缺乏说服力且不合法。蒙特雷县的律师苏珊·K·布利奇在其中一封信中写道:“请注意,我们认为司法部以刑事制裁威胁加州选举官员、只因他们遵守联邦和州法律,是在非法恐吓选举官员和加州选民,这会削弱选民对选举过程的信心。”多位选举专家警告说,特朗普政府官员正试图散布对一场选举的困惑和怀疑——在这场选举中,共和党势将失势——部分原因是为了让他们能够拒绝接受结果。
It's also because those same state and county officials have refused to yield, denouncing the threats as unconvincing and illegal in recent letters back to the Justice Department. "Be aware that we consider DOJ's efforts to threaten California election officials with criminal sanctions for following federal and state law to be an effort to unlawfully intimidate both election officials and California voters, which can undermine voters' faith in the election process," Susan K. Blitch, counsel for Monterey County, wrote in one. Several election experts warned that Trump administration officials are trying to sow confusion and suspicion about an election in which the Republican Party is poised to lose ground, in part so they can reject the outcome.
但他们也表示,法院一直驳回特朗普政府的主张,并将在11月3日及之后继续这样做——最近围绕2万张被标记选票的裁决就是一个完美的例子。加州大学洛杉矶分校法学院守护民主项目主任里克·哈森说:“联邦政府在所有可能输的方面都输了。它在法律上输了,在事实上输了,在衡平——或者说权衡对各方的损害——上也输了。”
But they also said the courts have consistently rebuffed the Trump administration and will continue to do so through Nov. 3 and after — with the recent rulings over the 20,000 flagged ballots a perfect example. "The federal government lost in every way it could possibly lose. It lost on the law, and it lost on the facts, and it lost on the equities — [or] weighing the harms to the various parties," said Rick Hasen, director of the Safeguarding Democracy Project at UCLA School of Law.
上周,特朗普政府的律师认定,联邦地区法官戴维·O·卡特对他们要求临时限制令的紧急申请裁决得不够快,该限制令旨在阻止加州、州务卿雪莉·韦伯和洛根清点政府声称“很可能是非公民”的2万张选票——于是他们向美国第九巡回上诉法院提出上诉。周一,该法院的一个由三名法官组成的小组——其中包括两名特朗普任命的法官和一名拜登任命的法官——以缺乏管辖权为由驳回了上诉,因为卡特尚未作出裁决。
Last week, Trump administration attorneys decided that U.S. District Judge David O. Carter was not ruling quickly enough on their emergency request for a temporary restraining order to block California, Secretary of State Shirley Weber and Logan from counting the 20,000 ballots the administration asserted were from "likely noncitizens" — so they appealed to the U.S. 9th Circuit Court of Appeals. On Monday, a three-judge panel there — including two appointees of President Trump and one of President Biden — denied the appeal for a lack of jurisdiction, because Carter hadn't weighed in yet.
然而,其中两名法官——特朗普任命的马克·J·贝内特和加布里埃尔·P·拜登任命的桑切斯单独撰写意见,明确表示他们也会驳回政府的请求,理由是该请求极可能违宪且违反联邦法律。周三,克林顿任命的卡特法官裁定,政府关于非公民选民的指控“不可信”,且其寻求的干预将违反多项联邦法律,在正在进行的中期选举中制造混乱,极可能导致合法选民被剥夺投票权,并助长未来在选举中的政治干预。
However, two of the judges — Mark J. Bennett, a Trump appointee, and Gabriel P. Sanchez, the Biden appointee — wrote separately to make clear that they also would have denied the administration’s request for being likely unconstitutional and in violation of federal law. On Wednesday, Carter, an appointee of President Clinton, ruled that the administration’s allegations about noncitizen voters were “not credible” and that the intervention it sought would violate a host of federal laws, sow chaos in the ongoing midterm election, likely lead to the disenfranchisement of legitimate voters and foster future political meddling in elections.
“该请求违反了长期确立的宪法原则,即各州对其选举拥有控制权,”卡特写道。“如果批准[特朗普政府]在最后关头提出的救济请求,任何一方都可能为其自身政治目的制造混乱,以扰乱选举进程。”卡特写道,在美国历史上,“从未有过联邦政府在大选前夕,试图胁迫州和地方政府放弃其自身的宪法选举程序,而屈从于行政部门的意志。”
"This request violates longstanding constitutional principles mandating that states have control over their elections," Carter wrote. "If [the Trump administration’s] last-minute request for relief were granted, either party could create chaos for their own political purposes to disrupt the election process." Carter wrote that never in American history “has the federal government, on the eve of an election, sought to coerce a state and local government to abandon their own Constitutional elections procedures and bend to the will of the Executive Branch."
这一裁决——措辞有力、立场明确,且基于贝内特和桑切斯提出的几项相同论据——赢得了州官员和投票权团体的欢呼。选举专家表示,该裁决完全符合他们对法律的理解,面对特朗普政府前所未有、在法律上毫无依据、试图干预正在进行的州主导选举的做法,该裁决是恰当的。司法部律师周四向第九巡回法院提交了一份简短的上诉,辩称正在进行的选票计数构成了法院必须干预制止的紧急情况,并请求法院最迟于周五前作出干预。
The ruling — forceful, unequivocal and based on several of the same arguments made by Bennett and Sanchez — was cheered by state officials and voting rights groups. Election experts said it squared directly with their understanding of the law and was appropriate in the face of the Trump administration's unprecedented, legally baseless effort to intervene in an ongoing state-run election. Justice Department lawyers filed a sparse appeal back to the 9th Circuit on Thursday, arguing the ongoing counting of ballots constitutes an emergency the court must intervene to stop, and asking it to do so by Friday.
此前驳回该请求的同一合议庭重新受理此案,并给予州政府、洛杉矶县及多个投票权团体至周五上午的时间作出回应。
The same panel that previously rejected the request took the case back up, and gave the state, L.A. County and several voting rights groups until Friday morning to respond.
周三晚间,纽森出现在《吉米·金梅尔直播秀》节目中,预测特朗普将采取大范围行动,“字面意义上地压制选票,制造条件让他随后对选举结果表示怀疑,并暗示选举被操纵。”但他同时表示,加利福尼亚州正在反击且已做好准备。“目前,我的重点是招募超过1000名投票站工作人员,派他们出去监控特朗普将要派遣、试图窃取这场大选的司法部监督员,”纽森说。“我们一直在进行桌面推演。我们有1000名志愿者。我们有134名选举法律律师将被派出。”
On Wednesday night, Newsom appeared on "Jimmy Kimmel Live!" and predicted Trump will take sweeping steps to "literally suppress the vote, to set the conditions where he will then express doubt in the electoral outcome, and suggest that it was rigged." But he also said California is fighting back and prepared. "Right now, I am focused on getting over 1,000 poll workers, folks out there to monitor the DOJ monitors that Trump's gonna send to try to steal this election," Newsom said. "We have been running tabletop exercises. We have 1,000 volunteers. We have 134 election law attorneys that we're sending out."
周四,埃萨伊利针对后者的部署回应写道:“你要保护每一张合法或非法的选票?那些因不合格选民而导致选票被稀释的加利福尼亚公民怎么办。他们的宪法权利难道不重要吗。”
On Thursday, Essayli replied to the latter deployment, writing, "You're going to protect every legal or illegal vote? What about California citizens whose votes are being diluted by ineligible voters.
与此同时,特朗普在没有证据的情况下断言,“加利福尼亚州有成千上万张问题选票、问题选票,依我看有数百万张。”他说加利福尼亚州的选举“非常腐败”,如果选举诚实,他“会以巨大优势赢下该州。”
Do their constitutional rights matter." Trump, meanwhile, asserted with no evidence that "there are hundreds of thousands of bad ballots, bad votes, in California. Millions, in my opinion." He said that California has "very corrupt elections," and that if it had honest ones, he "would have won it by a lot."
这些言论只是州和联邦官员之间一场纷繁复杂、高度公开的舆论战的最新篇章。联邦检察官已向洛根办公室的官员发出三份大陪审团传票。其中一份日期为周六,送达该办公室的记录保管人,要求提供与特朗普政府要求洛根办公室调查涉嫌非公民选民一事相关的内部电子邮件、短信、指导文件和讨论记录。传票命令保管人于周三(大选翌日)在圣安娜出庭,或在此之前提供记录并签署证明书。
The remarks were just the latest in a swirling and highly public war of words between state and federal officials. Federal prosecutors have issued three grand jury subpoenas to officials in Logan's office. One dated Saturday and addressed to the office's records custodian seeks internal emails, text messages, guidance and discussions related to the Trump administration's demands that Logan's office investigate alleged noncitizen voters. It orders the custodian to appear in Santa Ana on Wednesday, the day after the election, or provide the records and a signed certification beforehand.
检察官还在寻求记录,了解该县如何筛查非法投票、防止非公民选票被计数,以及如何处理非公民在联邦选举中投票或他人协助其投票的证据。
Prosecutors are also seeking records describing how the county screens for unlawful voting, prevents noncitizen ballots from being counted and handles evidence that noncitizens voted in federal elections or that others helped them to do so.
司法部发言人表示,该部门不对大陪审团传票置评,但指出卡特曾“解释过非法投票会导致刑事责任”。卡特确实表示,针对政府关切的“明确补救措施”已然存在,即检察官可对实施选民欺诈的个人提起刑事指控。但他也明确谴责了他所谓的政府“恐吓”选举官员,写道“这些恐吓必须停止”。洛根在声明中说,卡特周二关于针对选举官员的恐吓的“训诫切中肯綮,令人感激。在每一步,美国司法部都采取了对抗性、敌对性的做法。选举官员依照州法和联邦法行事。”
A Justice Department spokesperson said it doesn't comment on grand jury subpoenas, but noted Carter had "explained that voting unlawfully results in criminal exposure." Carter did say that a "clear remedy" to the administration's concerns already existed, in that prosecutors could criminally charge individuals committing voter fraud. But he also explicitly denounced what he called the administration's "threat" to charge election officials, writing that "these threats must stop." Logan, in a statement, said Carter's "admonishment about threats directed at election officials on Tuesday was well placed and appreciated. 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."
在卡特周二的法庭上,埃塞利声称联邦政府自首次要求州政府留存选票以来,一直保持着合作的“语调”,并表示他对州选举官员表现得如此“对抗”感到惊讶。但埃塞利和其他司法部官员已与加州官员在网上进行了数周激烈的来回交锋——这对于正在积极诉讼相关案件的检察官来说极不寻常。当纽森办公室最近写道“特朗普的司法部如此渴望捏造‘大规模选民欺诈’,竟向加州各县发送从未投票的人员名单——以及来自错误县份的选民名单。简直是一场绝对的闹剧!”
In Carter's courtroom Tuesday, Essayli claimed the federal government has maintained a collaborative "tone" since it first demanded the state set aside ballots, and said he was surprised at how “adversarial” state election officials had been. But Essayli and other Justice Department officials have been engaged for weeks in an aggressive back and forth with California officials online — which is highly unusual for prosecutors actively litigating related cases. When Newsom's office recently wrote that "Trump’s DOJ is so desperate to invent 'widespread voter fraud,' it sent California counties lists of people who NEVER voted — and voters from the WRONG COUNTY.
时,埃塞利回怼道:“嘿,欺诈大王”,并附上一个皇冠表情符号。“我们不会等他们去投票。”同样不寻常的是,司法部律师一直在向加州各县选举官员发送恐吓信函,包括周五的一系列信函,在信中他们声称各县存在不等数量的“疑似外国人”,并设定48小时期限,要求各县配合联邦当局证明这些选民是公民。
Absolute clown show!" Essayli shot back, "Hey Fraud King," with a crown emoji. "We’re not waiting for them to vote." Also unusual have been the threats Justice Department attorneys have been sending to county election officials in California, including in a series of letters Friday in which they asserted varying numbers of "likely aliens" per county, set a 48-hour deadline for the counties to cooperate with federal authorities to prove those voters are citizens.
美国检察官克雷格·米萨基安在一封致康特拉科斯塔县选民登记处负责人克里斯汀·康奈利的信中,标记了该县407名潜在非公民,并表示写信是“为了毫不含糊地说明”处理这些选民选票的法律后果。周三,康特拉科斯塔县法律顾问托马斯·L·盖格尔以自己的信件回应,质疑非公民指控的准确性,并称康奈利若为遵从米萨基安的要求而“无视加州和联邦法律”将是“在法律上站不住脚的”。
In one letter to Kristin Connelly, head of the Contra Costa County registrar’s office, U.S. Atty. Craig Missakian flagged 407 potential noncitizens in the county and said he was writing "to make unmistakably clear the legal implications" of processing any ballots from those voters. On Wednesday, Thomas L. Geiger, Contra Costa County counsel, responded with his own letter, questioning the accuracy of the noncitizen claims and saying it would be "legally unsound" for Connelly to "disregard both California and federal law" in order to comply with Missakian's demands.
其他加州官员已表示愿意与联邦当局合作。圣路易斯-奥比斯波县地方检察官丹·道周四表示,其办公室正在调查“联邦认定的63份可疑登记”,名单也已提供给该县书记兼登记官。
Other California officials have signaled a willingness to work with federal authorities. San Luis Obispo County District Atty. Dan Dow said Thursday that his office is investigating "63 federally identified suspect registrations" off a list also provided to the county clerk-recorder.