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Politics & Governance25 Oct 2026 · about 6 min

Trump's DOJ barrels into midterms with lawsuits, raids and arrests

The brief

The U.S. Department of Justice (DOJ) is the federal government’s law-enforcement department. It prosecutes federal crimes, investigates suspected wrongdoing, and represents the United States in court. In elections, it normally enforces voting laws while avoiding actions that could influence voters. For example, DOJ sued California over more than 20,000 suspected noncitizen ballots. It said unlawful ballots should be stopped before counting, rather than documented afterward. Normally, prosecutors also follow an informal 60- or 90-day caution period before elections, although no blanket ban exists. The article says the Trump DOJ has challenged that restraint nine days before midterms. It sought to delay Alaska’s Senate certification if Democrat Mary Peltola defeated Republican Dan S. Sullivan. The department cited possible confusion with Dan J. Sullivan Jr. DOJ rules prohibit timing cases to influence elections. Attorney General Todd Blanche rejects political-payback claims. Its decisions can protect election integrity, but controversial timing can damage public confidence.

01

What is the U.S. Department of Justice, and what role does it normally play in elections and criminal investigations?

The U.S. Department of Justice (DOJ) is the federal government’s law-enforcement department. It prosecutes federal crimes, investigates suspected wrongdoing, and represents the United States in court. In elections, it normally enforces voting laws while avoiding actions that could influence voters.

For example, DOJ sued California over more than 20,000 suspected noncitizen ballots. It said unlawful ballots should be stopped before counting, rather than documented afterward. Normally, prosecutors also follow an informal 60- or 90-day caution period before elections, although no blanket ban exists.

The article says the Trump DOJ has challenged that restraint nine days before midterms. It sought to delay Alaska’s Senate certification if Democrat Mary Peltola defeated Republican Dan S. Sullivan. The department cited possible confusion with Dan J. Sullivan Jr. DOJ rules prohibit timing cases to influence elections. Attorney General Todd Blanche rejects political-payback claims. Its decisions can protect election integrity, but controversial timing can damage public confidence.

02

How wide-ranging is the administration's October campaign, and which elections, officials, and political opponents has it targeted?

The administration’s October campaign spans election administration, criminal cases, and investigations of senior officials and Trump’s longtime opponents. It unfolded nine days before the midterms, challenging pre-election restraint and DOJ independence.

In Alaska, DOJ sued to delay Senate certification if Republican Dan Sullivan loses to Democrat Mary Peltola, arguing another Dan Sullivan confused voters. It also targeted California ballots, demanding counties segregate more than 20,000 suspected noncitizen ballots within 48 hours. Other actions involved Federal Reserve governor Lisa Cook, Rep. Ilhan Omar, Virginia state Sen. Louise Lucas, and two former senior FBI officials.

The broader campaign reaches former CIA Director John Brennan, former FBI Director James Comey, and New York Attorney General Letitia James. DOJ says these cases address unlawful conduct, not politics, and notes some investigations began earlier. Still, the timing and Trump’s personal credit for Alaska raise major questions about election influence and law-enforcement neutrality.

03

Why is the Justice Department seeking to delay Alaska's Senate certification, and how could two candidates with the same surname matter under ranked-choice voting?

The Justice Department is seeking to pause Alaska’s Senate certification if Republican Senator Dan S. Sullivan loses. It says another candidate, Dan J. Sullivan Jr., may have confused voters and diverted support. The dispute matters because certification normally finalizes the state’s election result.

Alaska uses ranked-choice voting, so voters can rank both candidates, despite their shared surname. The DOJ argues some votes for Dan J. Sullivan Jr. might have gone to the incumbent if voters understood the difference. It wants an investigation into voter intent before certification, although secret ballots make that difficult.

Alaska’s Supreme Court already ruled Dan J. Sullivan belongs on the ballot. Legal experts question whether federal officials can block certification of a state-run election. Mary Peltola’s campaign and national Democrats are challenging the lawsuit, while the DOJ’s proposed remedy remains contested.

04

What could happen if the DOJ succeeds in delaying or blocking election certifications, including the counting of ballots and control of the Senate?

If the DOJ blocks certification, a state’s reported winner could remain unrecognized after voting ends. That would delay finalizing ballots, seating a senator, and determining which party controls the Senate. It could also invite lawsuits and create a precedent for federal officials to challenge state election results.

In Alaska, DOJ seeks to delay certification if Republican Sen. Dan Sullivan loses to Democrat Mary Peltola. It argues votes for another candidate, Dan J. Sullivan Jr., may have confused voters and changed the outcome. Officials would then need to assess voter intent, raising secrecy and legal-authority concerns.

The immediate result would be uncertainty, not an automatic change in the winner. Alaska’s Supreme Court already kept the second Sullivan on the ballot, and ranked-choice voting permits voters to rank both. If certification remained blocked, Senate organization and control could be unsettled until courts or officials resolved the dispute.

05

What is the informal 60- or 90-day pre-election caution period, and why did earlier DOJ actions—such as James Comey's 2016 letter—make it politically important?

The informal 60- or 90-day caution period is a longstanding practice. Prosecutors avoid major investigations or charges shortly before voting. It is not a law or blanket ban. The goal is to prevent federal prosecutors from appearing to shape an election. It also protects public trust in impartial enforcement.

James Comey’s 2016 letter showed why the practice became politically important. Eleven days before the election, the FBI director announced a review of Clinton-related emails. Without announcing a charge, the letter put a candidate’s controversy back into headlines. It triggered a national debate about DOJ neutrality.

Today, the caution remains an informal norm. Written DOJ rules separately prohibit timing actions to influence elections. Attorney General Todd Blanche dismissed the convention during the current midterm buildup. He said DOJ does not make political paybacks. The article describes sensitive cases nine days before voting. Trump also claimed personal responsibility for the Alaska lawsuit. Those actions intensify concerns about independence and election influence.

06

Who controls the Justice Department, and what does it mean for prosecutors to be independent from the White House while still belonging to the executive branch?

The Justice Department belongs to the executive branch, with the president overseeing it. Independence means prosecutors apply law neutrally, without White House pressure or electioneering. That boundary matters because public trust depends on equal treatment.

DOJ sued this week to delay Alaska’s Senate certification if Republican Dan S. Sullivan loses. It argued that another Dan Sullivan could confuse voters and siphon Republican support. The state’s ranked-choice system permits both candidates, while secret ballots make voter-intent investigations difficult. Alaska’s Supreme Court had already allowed the second candidate onto the ballot.

DOJ traditionally observes an informal 60- or 90-day caution period before elections, though no blanket ban exists. Its written rules separately prohibit timing cases to influence elections. Attorney General Todd Blanche called independence from the White House a “misperception.” He said, “I work for President Trump,” while DOJ defended its October interventions. Thus, presidential control is formal, but neutrality depends on rules, norms, and prosecutorial judgment.

07

How are U.S. elections divided between state and federal authority, and what legal limits normally protect ballot secrecy and prevent the federal government from changing state results?

States normally run elections, while federal law sets some nationwide standards. State officials count votes and certify results; Congress ultimately counts presidential electoral votes. That division matters because states generally control administration, and federal officials need legal authority to intervene.

Alaska’s Supreme Court allowed that candidate on the ballot, and ranked-choice voting lets voters rank both. The DOJ seeks delayed Senate certification if Democrat Mary Peltola wins, claiming Dan Sullivan confused voters. Determining voter intent could expose secret ballots, while experts question DOJ’s power to block certification.

The article says no blanket pre-election prohibition exists, but DOJ rules bar timing charges to influence elections. Trump personally claimed ordering the lawsuit, nine days before the midterms. Federal challenges therefore must rest on law and court review, not political preference.

This brief was written by AI from the original reporting and checked by other models. Names, figures and quotes come from the source; read it for full context.

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