Trump's Justice Department Broke With Decades of Practice to Intervene in the Midterms — and Courts Rejected Its Lawsuits in California and Alaska
The Justice Department sought to set aside mail ballots from about 20,000 California voters and sued to block certification in Alaska's Senate race if the incumbent narrowly loses. A federal judge dismissed the Alaska case on Sunday, courts have now rejected the department's suits against both states, and the department has appealed in Alaska — one day before Americans decide control of Congress.
President Donald Trump's Justice Department has shown a willingness to intervene directly in Tuesday's midterm elections, breaking with decades of practice meant to avoid the appearance that its law enforcement powers are being used to benefit a political party or candidate, Reuters reports. In California, the department sought to set aside mail-in ballots from about 20,000 voters it alleges are likely noncitizens ineligible to vote, and it has demanded records in a related criminal probe. California has said it has implemented measures to prevent voting by noncitizens and argued the department does not have the authority to block votes.
Alaska became the second courtroom. The department intensified a criminal investigation into whether a Senate candidate named Daniel J. Sullivan entered the race to confuse voters against Republican incumbent Dan Sullivan, and its lawsuit — which Trump said he directed the department to file — asked a court to halt certification and order an investigation if the margin suggested voter confusion could have affected the outcome. U.S. District Judge Sharon Gleason in Anchorage dismissed the case on Sunday, finding Alaska could not conduct such a probe while preserving the secrecy of ballots. Courts have now rejected the department's lawsuits against both states, Reuters reports, and the department has appealed the Alaska decision.
The department's defenders and its critics are both on the record. Attorney General Todd Blanche says the efforts are lawful and aim to protect the integrity of the vote, and department spokesperson Kiersten Pels said in a statement: 'The Department isn't helping any campaign. It's enforcing the law.' Former officials see a broken norm: 'It appears that the administration wants the department to have an impact that was previously prohibited,' said Mark Blumberg, who previously led the department's election response to civil rights threats, and Peter Keisler, acting attorney general under President George W. Bush, said the Alaska case had 'not only the appearance but the evident reality of taking sides.' Reuters also reports the administration has slashed the size of the Public Integrity Section — the career unit that advised prosecutors to wait until results are certified before intervening — and suspended the requirement that federal prosecutors consult it on election-corruption probes. Independent studies and state audits have found voter fraud to be rare. For Orange County voters, whose own canvassing board sits down at 2 p.m. today, the fight is the national frame around their local count: the ballots will be cast Tuesday, and the arguments over who may challenge them have already begun.
