DOJ loses to Marc Elias five times in a row on voter rolls

President Donald Trump speaks with reporters before departing on Marine One from the South Lawn of the White House, Thursday, April 16, 2026, in Washington (AP Photo/Manuel Balce Ceneta).

A federal judge delivered a decisive blow against the Department of Justice’s attempt to obtain Rhode Island’s “unredacted” voter rolls on Friday. The judge determined that the government would likely not succeed even with another attempt.

U.S. District Judge Mary S. McElroy, in a 14-page ruling, stated that the DOJ’s request for Rhode Island’s voter rolls, which included sensitive details like driver’s licenses and partial Social Security numbers, lacked a solid factual foundation.

Judge McElroy, who was appointed by President Donald Trump in 2019, remarked that allowing the DOJ to submit a “curing elaboration letter” to Rhode Island Secretary of State Gregg Amore would not resolve the issue.

Even if such a letter provided a factual basis for the request, McElroy noted, “it would still fail to state a claim […] because it lacks a legally sufficient purpose” under Title III of the Civil Rights Act.

Judge McElroy further explained, “While the United States suggests that Title III essentially authorizes factually groundless ‘fishing expeditions,’ it is unlikely that Congress intended for Title III to be interpreted in such a redundant and circular way.”

The DOJ’s Title III efforts have been widespread across the nation but have mainly found success in Republican-led states. This has led to legal actions against over two dozen Democratic or swing states to enforce compliance.

The most aggressive move came in January, when the FBI executed a search warrant in Fulton County, Georgia, and seized 2020 election ballots, tabulators, and voter rolls.

The raid happened while the government was suing the clerk for the records, in the very county where, in the days before Jan. 6, Trump pressured the state’s Republican Secretary of State Brad Raffensperger to “find 11,780” votes.

The county has demanded the return of 656 boxes “containing the original versions of 2020 election-related materials,” challenged the validity of the warrant, and so far unsuccessfully sought internal FBI documents about the raid — even as it claims it’s at the “epicenter” of Trump’s plot to “take over the voting.”

However, the project championed by former Attorney General Pam Bondi and carried out by DOJ Civil Rights Division Assistant Attorney General Harmeet Dhillon has spiraled into a four-game losing streak.

On Friday, McElroy extended that dimsissal streak to five.

“While the present Motions were pending, four other federal district courts issued decisions on nearly identical cases brought by the United States seeking unredacted voter registration information from California, Oregon, Michigan, and Massachusetts,” the judge observed. “All four courts dismissed the United States’ lawsuits.”

“Absent from the demand are any factual allegations suggesting that Rhode Island may be violating the list maintenance requirements of the NVRA and HAVA, let alone the CRA. This alone would be enough to foreclose judicial enforcement of the demand,” she concluded.

The ruling was a delight to Democratic Party election lawyer Marc Elias.

“DOJ demanded voter files from all 50 states. DOJ sued 31 states for refusing their demand. My law firm intervened to protect voters in those cases,” he said. “DOJ is now 0-5. My firm is 5-0. Lesson: When we fight we win.”

Dhillon, seen by a segment of MAGA as a candidate to replace Bondi, posted a link Thursday to a Wall Street Journal opinion piece that billed her as “Trump’s Civil-Rights Enforcer in Action.”

“It’s always nice when the boss notices your work! It’s the honor of my career to serve in this administration for the best President of my lifetime! @CivilRights,” Dhillon said, sharing a screenshot of a Trump Truth Social post.

It didn’t take long for Elias to respond.

“We share something in common: I am proud that he has noticed my work in defeating him and his cronies in court over and over again,” he answered. “I wear Trump’s scorn as a badge of honor.”

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