Election Law: DOJ targets Alaska Democrats in criminal probe
Target letters sent to 20 individuals, including lawyer Marc Elias, as federal courts weigh urgent motions on ballot counting and monitoring.
By Chioma Kuznetsov ·
The Department of Justice sent target letters to approximately 20 Democrats, including election lawyer Marc Elias, on Tuesday, November 3. The letters inform recipients that they may be targets in a criminal investigation into the Alaska Senate race. The probe examines how a candidate with the same name as incumbent Republican Sen. Dan Sullivan appeared on the ballot. The New York Times reported the department is investigating possible donor fraud and conspiracy charges.
NBC News reported that the package of letters also includes preservation requests to third parties to retain records. At least one official from the Democratic Senatorial Campaign Committee received a similar letter. Receiving a target letter does not mean a person has been charged with a crime, nor does it guarantee future charges. Elias, who represented Democratic nominee Mary Peltola, stated in a statement that no one should be surprised by the timing. He added, 'No one should be surprised that President Trump's Department of Justice is targeting me and my law firm on Election Day.'
President Donald Trump criticized Elias on Fox News earlier Tuesday. 'You had the Democrat Party headed up by Elias, their lawyer, who was a bad guy, very bad guy, should go to jail, in my opinion,' Trump said. He also noted that Democrats looked all over Alaska for a person named Sullivan. A federal judge dismissed a DOJ lawsuit on Sunday that sought to delay certification of the Alaska Senate election if Sullivan lost by a margin attributable to voter confusion. The DOJ is appealing that ruling.
The administration is deploying approximately 1,000 election monitors and observers across the country. A DOJ lawyer told Judge Reggie Walton in Washington on Monday that the department expected to use 900 people to monitor polling places in all 50 states. In 2024, there were about 100 monitors. The DOJ said it is focusing primarily on urban areas that vote Democratic. The Supreme Court rejected a DOJ request on Monday to block California from counting about 20,000 mail-in ballots from voters the department suggests might not be U.S. citizens.
California Attorney General Rob Bonta told CNBC on Monday evening that Democratic attorneys general have been preparing for potential actions by the administration to suppress votes. 'We game-planned, and .. war-gamed and tabletop- and scenario planned all the possibilities,' Bonta said. He noted that laws are in place making it a criminal offense to remove ballots from the custody of an election official. John Cusick, assistant counsel at the Legal Defense Fund, said the administration has used federal agencies to target election procedures for three main reasons: to intimidate voters, create confusion about rules, and lay the groundwork for challenging post-election counts. He described the administration's actions as a 'constant barrage' that has created a chilling effect on election workers.
Attorney General Todd Blanche conceded on October 22 that there are scenarios where the DOJ could try to block states from certifying election results. 'Is there any scenario?' Blanche told reporters in Virginia. 'Yes, of course.' He added that it is not the DOJ's intention to improperly interfere with elections. The DOJ, which did not respond to a request for comment, previously stated on X that voting by noncitizens is a federal crime and that the department will enforce the law. A bipartisan group of former election officials filed a brief on Monday telling the 9th Circuit Court of Appeals that increased federal pressure is part of a pattern of asserting authority over elections.
District Court Judge Sharon Gleason ruled on Sunday that the time, place, and manner of Alaska's election are responsibilities of the state, not the federal executive branch. The DOJ is appealing an order issued Friday by a federal judge in California. That order barred the administration from attempting to intimidate or coerce election workers. Bonta said he expects Trump and the DOJ to continue targeting states over election procedures through the 2028 cycle. 'We can't be naive about it,' Bonta said. 'I am a realist though, and I see the way he thinks and acts and what he's done.'
