White House official: Voter fraud commission found nothing, will delete collected data

A White House official told a federal judge Tuesday that President Donald Trump’s now-defunct voter fraud commission plans to delete the voter data it collected from about 20 states and contradicted the administration’s public statements saying the Department of Homeland Security would take up the panel’s work.

Trump suddenly dissolved the commission Wednesday but said its work would be moved to DHS. White House press secretary Sarah Huckabee Sanders said the agency would take up the panel’s “preliminary findings,” and Kansas Secretary of State Kris Kobach (R), the panel’s vice chair, said DHS would run voter information against databases of immigrants to try to find voters illegally on the rolls.

But Charles Herndon, the director of White House Information Technology, said in a sworn court declaration filed Tuesday that that wasn’t the case. Herndon said the panel “did not create any preliminary findings.” He added that “no Commission records or data will be transferred to the DHS or another agency,” except for the National Archives and Records Administration.

RELATED: A look at 2016 election voter turnout across the country

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Voter turnout at polling places across the country
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Voter turnout at polling places across the country
LOS ANGELES, CA - NOVEMBER 8: Horace Higgins casts his ballot at the Downtown Women's Center on Skid Row in Los Angeles, Calif., on Nov. 8, 2016. (Photo by Brian van der Brug/Los Angeles Times via Getty Images)
LOS ANGELES, CA - NOVEMBER 8: Camila Chavez, 3, plays as her grandmother Alexandrian Barrios, 58, votes at a polling station set-up at Watts Towers Arts Center on November 8, 2016 in Los Angeles, California. (Photo by Irfan Khan/Los Angeles Times via Getty Images)
LOS ANGELES, CA - NOVEMBER 8: Maryjane Medina, 18, a first time voter, walks up to polling booth to cast her vote at a polling station set-up at Watts Towers Arts Center on November 8, 2016 in Los Angeles, California. (Photo by Irfan Khan/Los Angeles Times via Getty Images)
A man votes at a polling place at a high school in McLean, Virginia during the US presidential election on November 8, 2016. / AFP / Andrew CABALLERO-REYNOLDS (Photo credit should read ANDREW CABALLERO-REYNOLDS/AFP/Getty Images)
WASHINGTON, USA - November 8: Voters fill out their ballots at a polling place in Loudon County High School during the 2016 Presidential Elections in Leesburg, Va., USA on November 8 , 2016. (Photo by Samuel Corum/Anadolu Agency/Getty Images)
WASHINGTON, USA - November 8: Voters enter the polling place in Loudon County High School during the 2016 Presidential Elections in Leesburg, Va., USA on November 8 , 2016. (Photo by Samuel Corum/Anadolu Agency/Getty Images)
ARLINGTON, VA - NOVEMBER 08: Voters fill out their paper ballots in a polling place on Election Day November 8, 2016 in Arlington, Virginia. Americans across the nation pick their choice for the next president of the United States. (Photo by Alex Wong/Getty Images)
Voters cast their ballots during voting for the U.S presidential election in Manhasset, New York U.S., November 8, 2016. REUTERS/Shannon Stapleton
NEW ALEXANDRIA, PA - NOVEMBER 8: Voters enter the Simpson Voting House, established in 1891, to vote in the presidential election on November 8, 2016 in New Alexandria, Pennsylvania. Americans across the nation make their choice for the next president of the United States today. (Photo by Jeff Swensen/Getty Images)
A voter stands with a stroller outside the American Legion Post #469 polling location in Cleveland, Ohio, U.S., on Tuesday, Nov. 8, 2016. The Justice Department will deploy 500 personnel to polling stations on Election Day to help protect voters against discrimination and intimidation, down from 2012 as the result of a Supreme Court ruling that gutted part of the 1965 Voting Rights Act. Photographer: Luke Sharrett/Bloomberg via Getty Images
CONCORD, NH - NOVEMBER 08: Voters fill out their ballots at the Green Street Community Center on November 8, 2016 in Concord, New Hampshire. After a contentious campaign season, Americans go to the polls today to choose the next president of the United States. (Photo by Darren McCollester/Getty Images)
The early morning sun casts the shadow of a voter on a wall as he arrives at a polling location in Aliquippa, Pennsylvania, U.S., on Tuesday, Nov. 8, 2016. The Justice Department will deploy 500 personnel to polling stations on Election Day to help protect voters against discrimination and intimidation, down from 2012 as the result of a Supreme Court ruling that gutted part of the 1965 Voting Rights Act. Photographer: Pete Marovich/Bloomberg via Getty Images
Democratic U.S. vice presidential candidate Senator Tim Kaine (D-VA) casts his ballot at the Hermitage Methodist Home polling station in Richmond, Virginia, U.S. November 8, 2016. REUTERS/Carlos Barria
A clerk tabulates ballots at a polling station just after midnight on November 8, 2016 in Dixville Notch, New Hampshire, the first voting to take place in the 2016 US presidential election. The US presidential election got underway -- on a small scale -- as seven people in a tiny New Hampshire village cast their ballots at the stroke of midnight. Dixville Notch has had the honor of launching the voting, symbolically, since 1960. Clay Smith was the first of seven people to cast their ballots as Tuesday's long awaited Election Day began. An eighth resident voted by absentee ballot. / AFP / Alice Chiche (Photo credit should read ALICE CHICHE/AFP/Getty Images)
ALEXANDRIA, VA - NOVEMBER 08: Voters wait in-line for casting their ballots outside a polling place on Election Day November 8, 2016 in Alexandria, Virginia. Americans across the nation are picking their choice for the next president of the United States. (Photo by Alex Wong/Getty Images)
ALEXANDRIA, VA - NOVEMBER 08: Voters wait in-line for casting their ballots outside a polling place on Election Day November 8, 2016 in Alexandria, Virginia. Americans across the nation are picking their choice for the next president of the United States. (Photo by Alex Wong/Getty Images)
A dog walks by people voting at the Brooklyn Museum polling station in the Brooklyn borough of New York City on November 8, 2016. With an anxious world watching, Americans began voting Tuesday on whether to send the first female president or a volatile populist tycoon to the White House. The kickoff marks the end to a campaign like no other -- exhausting, often bitter -- as Hillary Clinton and Donald Trump presented radically different visions of how to lead the world's greatest power. / AFP / ANGELA WEISS (Photo credit should read ANGELA WEISS/AFP/Getty Images)
People arrive to a poll station to vote in Arlington, Virginia on November 8, 2016. With an anxious world watching, Americans began voting Tuesday on whether to send the first female president or a volatile populist tycoon to the White House. The kickoff marks the end to a campaign like no other -- exhausting, often bitter -- as Hillary Clinton and Donald Trump presented radically different visions of how to lead the world's greatest power. / AFP / Andrew CABALLERO-REYNOLDS (Photo credit should read ANDREW CABALLERO-REYNOLDS/AFP/Getty Images)
ALEXANDRIA, VA - NOVEMBER 08: Voters wait in-line for casting their ballots outside a polling place on Election Day November 8, 2016 in Alexandria, Virginia. Americans across the nation are picking their choice for the next president of the United States. (Photo by Alex Wong/Getty Images)
A voter casts his ballot in the U.S. election at Su Nueva Lavanderia in Chicago, Illinois, U.S., November 8, 2016. REUTERS/Jim Young
Ballot clerks Cheryl Bourassa (L) and Judy Taylor verify the ballot count before the polls open for the 2016 U.S. presidential election in Woodstock, New Hampshire, U.S. November 8, 2016. REUTERS/Mary Schwalm
Voters line up outside a polling station in Christmas, Florida on November 8, 2016. After an exhausting, wild, bitter, and sometimes sordid campaign, Americans finally began voting Tuesday for a new president: either the billionaire populist Donald Trump or Hillary Clinton, seeking to become the first woman to win the White House. / AFP / Gregg Newton (Photo credit should read GREGG NEWTON/AFP/Getty Images)
Democratic presidential nominee Hillary Clinton steps away from a voting booth after voting at Douglas G. Griffin School November 8, 2016 in Chappaqua, New York. / AFP / Brendan Smialowski (Photo credit should read BRENDAN SMIALOWSKI/AFP/Getty Images)
People voting at Congress Elementary School in the presidential election November 8, 2016 in Grand Rapids, Michigan. / AFP / JEFF KOWALSKY (Photo credit should read JEFF KOWALSKY/AFP/Getty Images)
Former US President Bill Clinton (L) and Democratic presidential nominee Hillary Clinton (R)vote at Douglas G. Griffin School November 8, 2016 in Chappaqua, New York. / AFP / Brendan Smialowski (Photo credit should read BRENDAN SMIALOWSKI/AFP/Getty Images)
MANCHESTER, NH - NOVEMBER 08: An early morning voter casts her vote at the Bishop Leo E. O'Neil Youth Center on November 8, 2016 in Manchester, New Hampshire. Voters will choose between Hillary Clinton and Donald Trump for president, as well as important races for Congress and Senate. (Photo by Darren McCollester/Getty Images)
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Herndon also said no commission member ever had access to state voter data.

The declaration came in a lawsuit by Maine Secretary of State Matthew Dunlap (D), a commissioner, who sued the panel alleging he was being excluded from crucial communications and planning. Dunlap filed a motion in court earlier Tuesday to block the panel from transferring any information from its activities until he had a chance to review it.

Austin Evers, the executive director of the watchdog group American Oversight, which is representing Dunlap, said Herndon’s statements raised questions about what the Trump administration was planning to do to investigate voter fraud.

“Either the White House just admitted it lied to the public in an official statement or it just misled the court. Given their record to date, it’s hard to guess which is more likely,” he said.

A federal judge ordered the commission to turn over communications to Dunlap on Dec. 22. Lawyers for the Department of Justice on Tuesday asked the judge to reconsider her order because the panel no longer exists.

It’s not the only contradiction on how the voter fraud probe will move forward. Kobach has publicly insisted he will be advising DHS on investigating voter fraud moving forward, but DHS has publicly said he is not advising the agency

  • This article originally appeared on HuffPost.
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