At a hearing yesterday in the Ninth Circuit, Seth Waxman - the former US attorney under Clinton who was hired by Los Angeles County to block the Justice Department's request to exclude mail-in ballots from people on the federal "probable non-citizen" list - acknowledged that if those votes are not stopped, all their votes will be counted. Judge: “You agree that if a non-citizen votes and we don't stop it now, that vote will be counted, right? " Seth Waxman: "That's absolutely true. " Retweet.