Justice Department targets Democratic attorney Marc Elias in Alaska ballot probe

The Justice Department has sent a target letter to Democratic attorney Marc Elias in connection with a criminal investigation into whether operatives for Democratic Senate candidate Mary Peltola recruited an independent candidate named Daniel J. Sullivan to confuse voters in Alaska. Elias is among roughly 20 individuals who have received target or preservation letters, and the Democratic Senatorial Campaign Committee has also been subpoenaed by a grand jury.

Federal prosecutors have not disclosed the specific offenses under investigation. The probe is being led by the U.S. Attorney’s Office in Alaska with assistance from the Civil Rights Division’s criminal section. Acting chief of the criminal section, Brandon Wrobleski, has sought additional assistant U.S. attorneys for the case, though some have declined participation.

"No one should be surprised that President Trump's Department is targeting me and my law firm on Election Day," Elias said in a statement.

"We will not be intimidated by a sham investigation," he added.

U.S. Attorney Michael Heyman, who is also the court-appointed U.S. Attorney for Alaska, held a press conference with the FBI’s Anchorage special agent to confirm the existence of the investigation. Heyman said the recent increase in law-enforcement activity was prompted by a New York Times report linking Peltola’s campaign lawyers and senior aides at the Democratic Senatorial Campaign Committee to the recruitment effort.

"This new information has resulted in a significant surge of law enforcement assets to Alaska, and I have assigned several attorneys in my office to assist in the matter as well," Heyman said.

Heyman denied that the Justice Department was timing its actions to influence the upcoming election, emphasizing that the investigation had been ongoing for several months.

The ballot-stacking strategy alleged in the probe has been used by members of both parties in the past and is generally not considered illegal. Peltola’s campaign and the Democratic Senatorial Campaign Committee have denied any involvement in placing the second Sullivan on the ballot.

President Trump has publicly criticized Elias on social media, calling for his prosecution and labeling the ballot-confusion effort a "fraud" and a "Democrat con job".

The investigation follows other recent DOJ inquiries involving political figures, including a search warrant for Rep. Ilhan Omar’s home and attempts to charge former FBI officials related to the Hunter Biden probe.