The Justice Department has broken sharply with traditional pre-election restraint, launching a barrage of politically sensitive investigations, raids, and lawsuits just days before the midterm elections. The administration’s actions challenge two of the department’s most enduring guardrails: operational independence from the White House and a long-standing informal practice of avoiding major investigative steps immediately before an election.
The administration’s most direct intervention in an active legislative contest unfolded in Alaska, where the department filed a preemptive lawsuit seeking to delay the certification of U.S. Senate results if the Democratic candidate wins. The litigation targets Alaska’s ranked-choice voting system, arguing that a second candidate named Dan J. Sullivan Jr. could confuse voters and siphon support from the Republican incumbent, Sen. Dan S. Sullivan. The administration has asked for certification to be halted if Sen. Sullivan loses but could have won with votes cast for the second Sullivan, pending an inquiry into voter intent.
Alaska’s Supreme Court previously ruled that the second Sullivan belongs on the ballot, and state rules allow voters to rank both candidates. Legal experts have questioned the federal government’s authority to block certification of a state-run election or determine voter intentions without compromising ballot secrecy. The campaign of Democratic candidate Mary Peltola and national Democrats have moved to intervene in the federal lawsuit.
The Alaska dispute forms part of a broader October offensive by federal prosecutors targeting prominent Democrats, election procedures, and long-standing political adversaries of President Trump. On Oct. 7, Trump established a White House committee to investigate alleged mortgage fraud by Federal Reserve governor Lisa Cook, authorizing Justice Department personnel to participate in proceedings that could lead to her removal. Cook has denied wrongdoing.
Days later, on Oct. 12, federal agents searched the home of Rep. Ilhan Omar in Minnesota and seized her cellphone as part of an investigation into possible immigration fraud. Reports indicate the administration is building a case to strip the Somali-born lawmaker of her citizenship and pursue deportation.
On Oct. 15, federal prosecutors sued California to block ballots from more than 20,000 suspected noncitizens. Prosecutors subsequently demanded that county officials segregate flagged ballots within 48 hours, warning of potential criminal liability, while seeking emergency appellate intervention.
Legal actions expanded into state-level politics on Oct. 22, when prosecutors unveiled an eight-count indictment against Virginia state Sen. Louise Lucas, a key figure in Democratic redistricting efforts in that state, alleging she helped operate an illegal marijuana enterprise. Lucas has denied wrongdoing. On Oct. 23, two former senior FBI officials were charged with lying to Congress regarding their roles in the Hunter Biden investigation. FBI Director Kash Patel framed the arrests as part of an effort to counter political weaponization against Trump.
The October blitz has unfolded alongside revived inquiries into other prominent Trump adversaries, including former CIA Director John Brennan, former FBI Director James Comey, and New York Attorney General Letitia James.
While the department has historically observed an informal 60- or 90-day period of heightened caution prior to elections, Attorney General Todd Blanche dismissed the unwritten convention regarding the Lucas indictment, noting that the investigation began under the prior administration. Written department rules prohibit prosecutors from timing actions to influence elections, but Blanche asserted that the agency does not engage in political paybacks and enforces the law impartially.
Defending the department’s election-related interventions, officials argued that the California cases address misconduct from previous elections, stating that unlawful ballots cannot be uncounted once cast and counted. The department rejected any connection between the midterms and the indictments of Lucas and the former FBI officials, noting that none of the defendants are on November ballots. Addressing executive branch independence, Blanche described the concept as a misperception, stating publicly that he works for President Trump.
Trump openly claimed personal credit for the Alaska litigation during remarks to reporters, stating that he ordered the legal action in a race that could determine control of the U.S. Senate.
