Justice Department Breaks With Decades of Tradition to Intervene in the Midterms, and Courts Have Rejected Both Lawsuits
Reuters reports the department moved against mail-in ballots in California and tried to block certification in Alaska if the Republican incumbent narrowly loses - a judge dismissed that case Sunday. Attorney General Todd Blanche says the efforts protect vote integrity; former department officials say the department is taking sides.
President Donald Trump's Justice Department has shown a willingness to intervene directly in Tuesday's midterm elections, Reuters reported Monday, 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. 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 has become the most intense legal battleground. There, the department intensified a criminal investigation into whether a Senate candidate with the same name as Republican incumbent Dan Sullivan entered the race to confuse voters, and it sued to halt certification of the results - and order an investigation - if the margin suggested voter confusion could have affected the outcome. US District Judge Sharon Gleason in Anchorage dismissed the case on Sunday, finding that Alaska could not conduct such a probe while preserving the secrecy of ballots. The department has appealed. Courts have now rejected the department's lawsuits against both states, but the cases underscore its willingness to intervene in election disputes before votes are counted and results certified.
The department says its work is lawful and aimed at protecting the integrity of the vote. Attorney General Todd Blanche has defended the efforts, and department spokesperson Kiersten Pels said in a statement: 'The Department isn't helping any campaign. It's enforcing the law.' Former department officials quoted by Reuters see a break with the institution's own guardrails. Mark Blumberg, who previously led the department's election response to civil rights threats, said: 'It appears that the administration wants the department to have an impact that was previously prohibited.' Peter Keisler, acting attorney general under President George W. Bush, said the Alaska case carries 'not only the appearance but the evident reality of taking sides.' Reuters notes the department's Public Integrity Section - the career unit that traditionally advised prosecutors to wait until results are certified - has been sharply reduced, its consultation requirement suspended, and unresolved election issues are now to be decided by political appointees. Independent studies and state audits have found voter fraud to be rare, and the Constitution assigns responsibility for administering elections to the states.
