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brennan center for justice
'The FBI Has the Records': 2020 Arizona Audit Info Subpoenaed by Grand Jury
The records taken by the FBI relate to an audit that confirmed Trump's loss in the Grand Canyon State to former President Joe Biden.
Mar 09, 2026
The FBI has served the Arizona State Senate a grand jury subpoena for voting records related to the 2020 presidential election in Maricopa County, Arizona, in the latest sign that the federal government is working to investigate an election that President Donald Trump lost more than five years ago.
As the New York Times reported on Monday, the grand jury subpoena "was issued in recent days to the Arizona State Senate, which oversaw a sprawling but partisan audit of the vote result that was ordered by Senate Republicans in Maricopa County" months after Trump lost the 2020 race to former President Joe Biden.
Warren Petersen, the Republican president of the Arizona Senate, confirmed that he had received and complied with the subpoena, and revealed in a social media post that "the FBI has the records" related to the post-2020 audit.
As noted by MS NOW reporter Vaughn Hillyard, the audit in question was conducted by Cyber Ninjas, a now-defunct online security firm that confirmed Trump's defeat in the Grand Canyon State.
"The Cyber Ninjas found that, in fact, Joe Biden had won the county, per their hand count, by 360 more votes than originally believed," Hillyard explained.
The Trump administration's subpoena of the audit records comes at the same time that it is demanding Democratic Arizona Secretary of State Adrian Fontes hand over his state's voter registration data.
As explained by the Brennan Center for Justice last week, the US Department of Justice (DOJ) is "seeking access to highly sensitive voter information, including partial Social Security numbers," as part of its subpoena.
The Brennan Center also said it teamed up with the Campaign Legal Center to file a brief to oppose the Trump administration's lawsuit against Arizona, which it described as "part of an unprecedented nationwide effort to force states to turn over private voter data."
The FBI in January executed a search warrant at the Fulton County Election Hub and Operations Center that allowed federal agents to seize 2020 election ballots, tabulator tapes, digital data, and voter rolls.
Shortly after the raid, Fulton County Commissioner Mo Ivory predicted that this kind of operation would likely be spreading to other counties and states.
“Fulton County is right now the target,” Ivory said. “But it is coming to a place near you. This is the beginning of the chaos of 2026 that is about to ensue.”
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Rights Groups Warn FBI Probe of Anti-ICE Activity Portends New Crackdown on Lawful Dissent
"People who are entirely innocent of any wrongdoing can be subjected to surveillance or investigation," said one critic of the FBI memo. "That imposes stigma."
Dec 19, 2025
Rights groups are expressing alarm over new reporting about the FBI carrying out nationwide anti-terrorism probes against activists protesting against federal immigration enforcement officers.
The Guardian on Friday published a report detailing an internal FBI document that outlines "criminal and domestic terrorism investigations” into “threats against immigration enforcement activity” in 23 regions across the US.
The FBI document, which was dated November 14, is a response to National Security Presidential Memorandum-7 (NSPM-7), a directive signed by President Donald Trump in late September that demanded a “national strategy to investigate and disrupt networks, entities, and organizations that foment political violence so that law enforcement can intervene in criminal conspiracies before they result in violent political acts."
The FBI report cites two violent attacks against Immigration and Customs Enforcement (ICE) facilities in Texas to argue that there has been "an escalation in violence compared to past attacks, which primarily resulted in property damage."
Additionally, the FBI report directs agents to look for "indicators" that an anti-ICE activist may be planning to carry out an attack on immigration enforcement officials, including "stockpiling or distributing firearms," as well as using encrypted messaging apps and "conducting online research" about immigration agents' movements and locations.
The last two of these three "indicators" are raising red flags for rights groups, which are warning that they could be used as the pretext for mass infringement of constitutional rights to speak freely and protest peacefully.
Rachel Levinson-Waldman, director of the Liberty and National Security Program at the Brennan Center for Justice, told the Guardian that the FBI appeared to be treating US citizens with suspicion for engaging in activities protected by the First Amendment.
"It is not illegal to do online research about the publicly available movements of government officers or to communicate through encrypted apps like Signal or WhatsApp," she said. "While the document refers to using encrypted communications to ‘discuss operational planning’, that term is undefined and ambiguous, leaving it open what kinds of conversations might draw FBI scrutiny."
Hina Shamsi, director of the ACLU National Security Project, expressed concern to the Guardian that the FBI document is "infused with vague and over-broad language, which was exactly our concern about NSPM-7 in the first place."
"It invites law enforcement suspicion and investigation based on purely First Amendment-protected beliefs and activities," Shamsi explained. "People who are entirely innocent of any wrongdoing can be subjected to surveillance or investigation. That imposes stigma. It can wrongly immesh people in the criminal legal system."
Adam Goldstein, vice president of strategic initiatives at the Foundation for Individual Rights and Expression (FIRE), published an analysis on Thursday that criticized a recently unearthed memo from Attorney General Pam Bondi that fleshed out the concepts laid out in NSPM-7.
In particular, Goldstein argued that Bondi's memo risks using law enforcement to investigate people based on their political ideologies rather than on suspicion that they are engaging in criminal activity.
"People who conspire to engage in actual criminal behavior should be investigated, arrested, and prosecuted," Goldstein wrote. "But these memos aren’t narrowly focused on groups that exist for the purpose of ideologically motivated violence, which act to bring about violence; they broadly condemn particular viewpoints and lay a foundation for a government watchlist of American groups which share those viewpoints."
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'Straight-Up Nazi Stuff': Trump Admin Plans to Strip More Naturalized Americans of Citizenship
"Requiring monthly quotas that are 10 times higher than the total annual number of denaturalizations in recent years," said one former immigration official, "turns a serious and rare tool into a blunt instrument and fuels unnecessary fear and uncertainty."
Dec 18, 2025
Policy experts were skeptical Wednesday that the Trump administration could legally or practically carry out its threat to strip more naturalized Americans of their citizenship. Still, they warned that new guidance issued by the White House to immigration officials would ramp up "fear and terror" in immigrant communities and could portend the targeting of naturalized citizens who President Donald Trump views as adversaries.
The guidance was issued Tuesday to US Citizenship and Immigration Services (USCIS) field offices, with officers directed to supply the Department of Justice (DOJ) with "100-200 denaturalization cases per month” in the 2026 fiscal year.
The denaturalization process is "deliberately hard" for the federal government, noted American Immigration Council senior fellow Aaron Reichlin-Melnick, and stripping people of the citizenship is a rare step only taken in cases of fraud when they applied to be a citizen or in other narrow circumstances.
As such, between 2017-25, there have been just over 120 denaturalization cases filed with the Office of Immigration Litigation at the DOJ.
Under the first Trump administration, denaturalization cases peaked at 90 in one year in 2018, and the directive issued Tuesday signaled the White House is aiming for a far bigger escalation as it also continues its mass deportation operation and blocks people from seeking asylum as they are permitted to under international law.
Reichlin-Melnick called the directive for a denaturalization quota "vicious and cruel," and pointed out that the president is asking USCIS and the DOJ to take on an onerous task.
"These cases are hard to file and win, and require a lot of DOJ resources, and the DOJ is stretched thin already. So we’ll see; I have serious doubts about their ability to do this," said Reichlin-Melnick.
USCIS refers cases to the DOJ, which must prove in a federal court that it has "unequivocal evidence" that someone obtained their citizenship illegally or fraudulently.
"The Supreme Court has repeatedly stated that citizenship and naturalization are too precious and fundamental to our democracy for the government to take it away on their whim. Instead of wasting resources digging through Americans’ files, USCIS should do its job of processing applications, as Congress mandated,” Amanda Baran, a former senior USCIS official who served during the Biden administration, told the New York Times.
Naturalized Americans account for 26 million people in the US, with 800,000 people sworn in last year. In most cases, a person who loses their citizenship status is classified as a legal permanent resident.
Trump has repeatedly called to denaturalize Rep. Ilhan Omar (D-Minn.) and to deport her over her criticism of his policies, and has made the same threat against New York Mayor-elect Zohran Mamdani, a democratic socialist.
In those threatened cases, wrote Michael Waldman, president and CEO of the Brennan Center for Justice, earlier this month, "it appears that crime isn’t so much a motivation as disloyalty."
"Stripping citizens of their citizenship in the name of making the electorate more 'American' is arguably one of the most un-American acts imaginable," wrote Waldman. "We are a nation of immigrants and also a nation of laws. The courts must continue to ensure that those laws protect naturalized citizens from being punished for speaking out."
Three other Brennan Center experts also recently wrote about the history of denaturalization efforts in the US, including during the "Red Scare" of the 1950s:
Sen. Joseph McCarthy of Wisconsin led witch hunts, with denaturalization often used as a tool against accused communists or sympathizers. Among those targets was Harry Bridges, an Australian-born, nationally known labor leader accused of being a communist, who faced an ultimately unsuccessful campaign to revoke his citizenship. The Supreme Court ruled in his favor, not once, but twice.
"This is straight-up Nazi stuff and I’m calling on my fellow Jewish Americans who know where this can lead to be in the vanguard against it," said Dylan Willams, vice president for government affairs at the Center for International Policy, also noting that the influential American Israel Public Affairs Committee has endorsed Rep. Randy Fine (R-Fla.), who has called for the denaturalization and expulsion of Muslim Americans and immigrants.
Sarah Pierce, a former USCIS official, told the Times that Trump's quota for denaturalization cases "risks politicizing citizenship revocation" as it has been in the past.
“And requiring monthly quotas that are 10 times higher than the total annual number of denaturalizations in recent years," she said, "turns a serious and rare tool into a blunt instrument and fuels unnecessary fear and uncertainty for the millions of naturalized Americans.”
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