Zoom: The Justice Department’s most aggressive election intervention took place this week in Alaska, where a preemptive lawsuit aims to delay certification of the U.S. Senate results — if the Democrat wins.
- The DOJ argues that a second candidate, Dan J. Sullivan Jr., could confuse voters and siphon support from Republican incumbent Sen. Dan S. Sullivan.
- The administration wants the certification to be halted if Sen. Sullivan loses to Democrat Mary Peltola, but could have won with the votes cast for the other Sullivan, pending an investigation into the voters’ intentions.
Between the lines: The Alaska Supreme Court has already ruled that the second Sullivan must appear on the ballot, and the state’s ranked choice system allows voters to rank the two candidates.
- Legal experts question the DOJ’s authority to block certification of state-run elections, or how officials could determine voters’ intentions without compromising vote secrecy.
- Peltola’s campaign and national Democrats decided to intervene in the lawsuit, challenging the administration’s preemptive attempt to halt the certification.
Zoom out: Alaska is just one front in an October offensive to root out alleged voter fraud, investigate prominent Democrats and revive Trump’s oldest political grievances.
- On October 7, Trump created a committee at the White House to investigate allegations of mortgage fraud committed by Federal Reserve Governor Lisa Cook, authorizing DOJ staff to participate in proceedings that could lead to her impeachment. Cook denies any wrongdoing.
- On October 12, Federal agents searched the home of Rep. Ilhan Omar (D-Minn.) and seized her cellphone as part of an investigation into possible immigration fraud. The Wall Street Journal reports that the administration is building a case to try to strip the Somali-born congresswoman of her citizenship, and ultimately deport her.
- On October 15, The DOJ sued California for blocking the ballots of more than 20,000 alleged non-citizens. Prosecutors on Friday demanded that county officials segregate flagged ballots within 48 hours, warning of possible criminal liability. The DOJ also requested emergency intervention on appeal.
- On October 22, Prosecutors have unsealed an eight-count indictment against Virginia state Sen. Louise Lucas — a key figure in Democrats’ redistricting efforts in that state — alleging she helped operate an illegal marijuana business. Lucas denies any wrongdoing.
- On October 23, two former top FBI officials have been accused of lying to Congress about their role in the Hunter Biden investigation. Director of the FBI Kash Patel presented the arrests as part of a crackdown on alleged political “weaponization” against Trump.
The big picture: The October blitz is taking place alongside efforts to investigate or revive cases involving longtime Trump adversaries, including former CIA Director John Brennan, former FBI Director James Comey and New York Attorney General Letitia James.
Reality check: The DOJ has long observed an informal heightened caution period of 60 or 90 days before elections, although there is no blanket prohibition.
- Asked about Lucas’ indictment on Thursday, Attorney General Todd Blanche rejected unwritten convention and emphasized that the investigation began under President Biden.
- Written DOJ rules separately prohibit prosecutors from planning investigations or charges to influence elections. Blanche says the agency does not pursue “political vendettas” and enforces the law impartially.
What they say: In a statement to Axios, the DOJ defended its election-related interventions, arguing that the California cases involved allegations of misconduct in previous elections.
- “Once an illegal ballot is cast and counted, it cannot be ignored,” the DOJ said. “We expect law enforcement to prevent harm, not just document it.”
- The department called the connection between the cases of Lucas and former FBI officials and the midterm elections a “slander,” noting that none of the defendants were on the November ballot.
- Regarding independence, the DOJ argued that it is constitutionally part of the executive branch and accused the Biden administration of militarizing federal law enforcement “against the American people.”
The bottom line: In 2016, a single letter from then-FBI Director Comey regarding Hillary Clinton’s emails, sent 11 days before the election, was enough to spark a national reckoning over the DOJ’s political neutrality.
- A decade later, Blanche openly rejects the notion of independence from the White House as a “misperception,” declaring this week: “I work for President Trump.”
- On Friday, Trump took credit for ordering the Alaska trial — an extraordinary intervention in a race that could decide control of the Senate.
- “I was the one who said, ‘Do it,'” he told reporters.
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