Federal prosecutors have issued approximately 20 target letters and are pursuing more than 100 subpoenas in an investigation into whether Democratic operatives recruited a candidate sharing Republican Sen. Dan Sullivan’s name to confuse Alaska voters.
By yourNEWS Media Newsroom
WASHINGTON — The Justice Department has escalated its criminal investigation into an alleged effort to influence Alaska’s U.S. Senate election by recruiting a candidate with the same name as Republican incumbent Dan Sullivan, sending approximately 20 target letters to Democratic operatives, including prominent election attorney Marc Elias, as voters headed to the polls Tuesday, Nov. 3.
Federal prosecutors are also pursuing more than 100 subpoenas as part of the investigation, which examines whether individuals associated with Democratic Senate candidate Mary Peltola and national Democratic organizations participated in a coordinated effort to place a second Dan Sullivan on Alaska’s ballot. According to ABC News’ Election Day report, an Alaska grand jury is investigating possible conspiracy and donor fraud offenses connected to the arrangement.
The investigation centers on Daniel J. Sullivan, a retired teacher and independent candidate whose name closely resembles that of Republican Sen. Daniel S. Sullivan. Prosecutors are examining allegations that Democratic operatives encouraged the retired teacher to enter the race to draw votes away from the incumbent, potentially benefiting Peltola in a contest with implications for control of the Senate.
Among those receiving federal investigative notices is Elias, whose law firm has represented Democratic candidates and political organizations in election litigation. The Associated Press reported Tuesday that prosecutors had expanded their investigation to include Elias and other Democratic figures believed to have information about the recruitment effort.
A target letter indicates that prosecutors consider an individual a potential subject of criminal prosecution based on evidence gathered during a grand jury investigation. Receiving such a letter does not establish wrongdoing, and no criminal charges had been announced against Elias or the other recipients.
Elias responded by accusing the Trump administration of using federal law enforcement against political opponents.
“No one should be surprised that President Trump’s Department of Justice is targeting me and my law firm on Election Day,” Elias said in a statement to CBS News. “This administration has repeatedly weaponized the DOJ against the President’s political enemies despite zero evidence of wrongdoing, and we are the latest targets.”
He also defended his firm’s work representing Democratic campaigns and progressive organizations.
“We will not be intimidated by a sham investigation,” Elias said. “We are going to keep working around the clock to support our clients and make sure President Trump and his party enjoy a well-deserved beating at the ballot box.”
The investigation accelerated after an October report by The New York Times described communications and interviews indicating that Democratic political operatives had explored recruiting additional candidates to complicate Sullivan’s reelection campaign.
According to Reuters’ examination of the alleged recruitment operation, individuals associated with Peltola’s campaign worked with lawyers and national Democratic political figures to identify potential candidates who could attract votes otherwise intended for the Republican incumbent.
The reported effort extended beyond the second Sullivan. Democrats also allegedly sought to influence another candidacy involving progressive candidate David Leslie, who withdrew from the contest and was replaced by Gerald Heikes. The allegations prompted questions about whether the recruitment activities were intended to manipulate Alaska’s ranked-choice voting system.
Peltola has denied knowing about efforts to recruit another candidate named Sullivan, while the Democratic Senatorial Campaign Committee has denied participating in the operation. Her former campaign manager reportedly acknowledged that Peltola had some knowledge of recruitment discussions but maintained that she was not directly involved.
The Justice Department’s criminal inquiry is being led by the U.S. Attorney’s Office in Alaska, with assistance from prosecutors assigned to the Civil Rights Division. The investigation intensified last week when federal authorities issued additional subpoenas and preservation notices seeking communications related to the disputed candidacy.
Michael Heyman, Alaska’s court-appointed U.S. attorney, publicly confirmed the investigation during an Oct. 30 news conference alongside FBI officials in Anchorage. He said new information concerning the alleged recruitment effort had prompted authorities to expand their investigation.
“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. “As we speak, law enforcement around the country are taking investigative steps with respect to a criminal investigation on these matters.”
According to CBS News’ reporting on the federal inquiry, the Democratic Senatorial Campaign Committee has also received a grand jury subpoena, while other individuals have been sent notices requiring them to preserve potentially relevant records.
The department has not publicly identified every recipient of the investigative letters or specified the precise criminal charges it might pursue. Federal officials are examining possible violations involving election-related conspiracies and campaign financing, although prosecutors have not established that recruiting a candidate with a similar name independently constitutes a federal offense.
President Donald Trump has repeatedly criticized the alleged operation, accusing Democratic leaders of attempting to deceive Alaska voters.
Over the weekend, Trump specifically named Senate Minority Leader Chuck Schumer and Elias while discussing the controversy.
“It was done by Schumer. I mean, that really started with Schumer and the lawyer, Marc Elias. And I think they should be held criminally responsible for it,” Trump said.
The administration has also pursued civil litigation seeking to prevent Alaska from certifying the Senate election results under certain circumstances involving the second Sullivan’s candidacy. However, a federal judge dismissed that lawsuit Sunday after determining that the Justice Department lacked standing to bring the case.
The candidate’s eligibility had already been litigated in Alaska state courts. Although election officials initially rejected Daniel J. Sullivan’s filing, the state’s courts permitted his candidacy after finding insufficient grounds to exclude him from the ballot.
As Reuters explained in an Oct. 30 legal analysis, recruiting candidates for political advantage is not necessarily unlawful, even when the objective is to divert votes from an opponent. Legal experts distinguish such tactics from deliberate deception that violates voters’ federally protected rights.
Alaska’s ranked-choice voting system allows voters to rank candidates in order of preference, with votes redistributed when candidates are eliminated during tabulation. The presence of two candidates with similar names nevertheless raised concerns among Republicans that some voters could mistakenly select the independent candidate instead of the incumbent senator.
Gov. Mike Dunleavy, a Republican, separately directed the Alaska Department of Public Safety to investigate whether the recruitment effort violated state election laws or warranted civil action.
The federal investigation has generated criticism over its timing. Justice Department guidelines have historically discouraged overt investigative steps close to elections when those actions could influence voting, and the issuance of target letters and subpoenas immediately before a competitive Senate election has raised questions among legal observers.
The administration maintains that allegations of coordinated election deception warrant investigation regardless of when they emerge. Federal authorities have not publicly accused Peltola herself of a crime, and the reported communications involving campaign representatives remain under examination.
The latest escalation leaves approximately 20 Democratic figures facing potential federal criminal scrutiny as Alaska voters decide among the incumbent Sullivan, Peltola and other candidates. Prosecutors have not announced indictments arising from the alleged recruitment operation, and the individuals under investigation retain the presumption of innocence.
The investigation is expected to continue beyond Election Day as federal authorities review subpoenaed records, financial transactions and communications to determine whether the reported campaign activities crossed the line from political strategy into criminal misconduct.
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