‘Counsel apologizes to the court’: DOJ commits “BIGGEST mistake yet," BEGS forgiveness
Quick Read
Summary
Takeaways
- ❖The DOJ missed a 90-day deadline to serve Washington State in a lawsuit for voter data, then attempted improper service.
- ❖The head of the DOJ's voting section had to submit an affidavit begging the court for forgiveness.
- ❖This incident is part of a broader DOJ effort, with approximately 30 lawsuits, to obtain sensitive voter information from states.
- ❖The guest, Mark Elias, argues that the push for voter data is driven by a desire to enable voter purges and suppress voting rights.
- ❖Concerns are twofold: the potential for malevolent misuse of data by a politicized White House and the inability of an incompetent DOJ to safeguard it.
- ❖The DOJ has lost all three cases adjudicated on the merits, including before a Trump-appointed judge.
Insights
1DOJ's Procedural Failures in Washington State Lawsuit
The Department of Justice failed to properly serve its lawsuit against Washington State, missing the 90-day deadline and then attempting service in a manner non-compliant with state or federal rules. This procedural error, described as the 'biggest mistake yet,' forced the head of the DOJ's voting section to submit an affidavit apologizing and begging the court for forgiveness, highlighting significant incompetence within the department.
The DOJ missed the 90-day deadline to serve the case and then tried to serve it in a way that doesn't comply with either state law or federal rules. The head of the voting section had to submit an affidavit and beg forgiveness of the court, saying 'it's all my fault.'
2Broader DOJ Effort to Acquire Sensitive Voter Data
The incident in Washington State is part of a wider initiative by the DOJ, reportedly involving around 30 lawsuits across the country, to compel states to provide sensitive voter information. This data includes social security numbers, residential addresses, voting history, and party registration, which the guest's law firm is actively litigating to protect.
There are about 30 cases filed by the DOJ to access the most sensitive voter information that states collect, including social security numbers, voting history, and party registration. My law firm has moved to intervene or has been granted intervention in all of those cases.
3Dual Threat: Malevolence and Incompetence in Voter Data Handling
The guest identifies two primary dangers associated with the DOJ's pursuit of voter data. First, the potential for malevolent misuse by a politicized White House to undermine elections, purge voters, or target disenfranchisement. Second, the demonstrated incompetence of the DOJ, as evidenced by procedural errors, raises serious doubts about their ability to secure and protect sensitive data from breaches or misuse, even if acting in good faith.
If the Department of Justice is seeking access to the most sensitive voter information, it would go a long way in helping Donald Trump take over the counting and certification of ballots... Do you really want it in the hands of people who can't figure out how to serve the state of Washington? If they can't figure out how to file a lawsuit, you think they're going to know how to follow a protective order?
4DOJ's Losing Record on the Merits in Voter Data Cases
Despite the aggressive legal campaign, the DOJ has a poor track record in cases that have reached a decision on the merits. They are currently 0 for 3 in such adjudications, including a loss before a Trump-appointed trial judge in Michigan, indicating a lack of legal standing for their demands.
The only places where it's been adjudicated on the merits, they have lost. They're 0 for three in those instances, including before a Trump-appointed court trial judge in Michigan.
Lessons
- Stay informed about ongoing legal challenges to voter data security by following independent media outlets like Democracy Docket, which actively reports on these cases.
- Understand the dual risks posed by government entities seeking sensitive voter information: potential for deliberate misuse for political ends and the risk of data breaches due to incompetence.
- Recognize that state-level control over election processes and voter data is a constitutional safeguard, and efforts to centralize this control at the federal level warrant close scrutiny.
Quotes
"This isn't some like first-year lawyer who hung out their own shingle. This is supposed to be the best of the best. This is supposed to be the people that Pam Bondi wants to entrust your sensitive voting information with. They couldn't figure out how to serve... the state of Washington."
"If the Department of Justice is seeking access to the most sensitive voter information that states have, then it would go a long way in helping Donald Trump take over the counting and certification of ballots."
"If they can't figure out how to file a lawsuit, you think they're going to know how to follow a protective order? You think they're going to know how to ensure chain of custody? You think they're going to know how to prevent the White House from getting its mits on this information?"
Q&A
Recent Questions
Related Episodes

Warnock UNLOADS on Trump SAVE Act. Calls It a Power Grab to Block Voters
"Senator Raphael Warnock vehemently opposes the 'SAVE Act,' framing it as a politically motivated voter suppression tactic that disproportionately disenfranchises eligible citizens under the false pretense of preventing non-existent voter fraud."

“Explosive!” New Republican ballot scandal SURGES INTO NEWS
"A California sheriff and gubernatorial candidate seized over half a million ballots, an act the hosts frame as a dangerous escalation in Republican efforts to undermine election integrity and normalize ballot seizures."

Don Lemon, Georgia Fort Arrested Over Church Protest. Press Freedom on the Line Under Trump.
"The Trump administration's arrest of journalists Don Lemon and Georgia Fort for covering a church protest is framed as a direct assault on press freedom and a calculated distraction from the release of damaging Epstein files."

Fulton Calls FBI Search Intimidation. Haitian TPS Ending. Sonya Massey Killer Sentenced.
"Fulton County officials frame an FBI search of their election center as an intimidation tactic, while Haitian TPS holders face imminent deportation, and a former Illinois deputy receives a 20-year sentence for Sonia Massie's murder, all against a backdrop of critical commentary on the Trump administration's economic and immigration policies."