Bill Essayli warned California's vote counters they could face criminal liability on the same day a federal judge ruled he is unlawfully serving as Los Angeles' top federal prosecutor.

Essayli made the threat in court over 20,000 Californians' mail ballots. Homeland Security flagged those voters as suspected noncitizens using the public voter roll and a data broker's records, and the Justice Department wants their ballots set aside until they prove citizenship.

The judge hearing the ballot case serves on the same federal court where Essayli prosecutes, and he ordered the threats against state and county election officials to stop immediately. Essayli says he will keep "serving in my current role" until the Supreme Court settles whether he can hold the job.

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