Corruption & Accountability · Report · File No. 261103-846
DOJ sends about 20 target letters in Alaska ballot probe, including Marc Elias
The Justice Department's criminal investigation into a same-name Alaska Senate candidate has reached Democratic election lawyer Marc Elias, who says the timing on Election Day shows the department is being weaponized against President Trump's political enemies.
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The Justice Department has issued approximately 20 target and preservation letters in its criminal investigation into whether Democrats tried to confuse Alaska voters by recruiting a candidate with the same name as Republican Senator Dan Sullivan, according to CBS News 12. Democratic election lawyer Marc Elias is one of the targets, a law enforcement official and a second source familiar with the matter told CBS 12.
The Democratic Senatorial Campaign Committee, the party's Senate campaign arm, has separately received a grand jury subpoena, a law enforcement source told CBS 12. The probe is led by the U.S. Attorney's Office in Alaska and also involves prosecutors from the Civil Rights Division's criminal section 12.
Federal prosecutors have not said what crimes they are investigating 12. The letters and subpoenas went out in recent days, which CBS reported appears to run afoul of the Justice Department's own internal guidelines and historic norms limiting investigative steps ahead of a national election 12.
What Elias says
Elias, whose firm Elias Law Group has been involved in over 90 voting and election lawsuits, said the timing was no accident 12. He said his firm counts itself among Trump's political enemies and that it represents Democratic campaigns and progressive groups 12.
From Channel GOPPeltola: Congress of millionaires keeps taking from usMary Peltola · 15 plays · captioned, with the source named
No one should be surprised that President Trump's Department is targeting me and my law firm on Election Day.
President Trump has publicly denounced Elias and called for his prosecution 12. Over the weekend, Trump tied the Alaska effort to Senator Charles Schumer and Elias 12.
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.
The prosecutor's account
Michael Heyman, the court-appointed U.S. Attorney in Alaska, held an unusual press conference last week with the FBI's special agent in charge in Anchorage to disclose the investigation 12. He denied the department was escalating or timing its actions around the election 12.
Heyman said the activity followed a New York Times report that lawyers for Democratic Senate candidate Mary Peltola and senior aides at the Democratic Senatorial Campaign Committee were involved in recruiting independent candidate Daniel J. Sullivan 12. Peltola's campaign and the committee have denied any connection to the effort 12.
CBS reported that such ballot tactics have been used by both parties and, while controversial, are generally not considered illegal 12. Brandon Wrobleski, acting chief of the criminal section at the Civil Rights Division, personally sought to recruit assistant U.S. attorneys in Alaska, but some declined or expressed discomfort, sources told CBS 12.
Why it matters
The pattern is that this is not an isolated case. CBS reported that prosecutors recently obtained a search warrant for the home of Minnesota Democratic Rep. Ilhan Omar in an immigration fraud investigation, sought to charge two former senior FBI officials, and tried to indict former White House aide Cassidy Hutchinson 12. A grand jury declined to indict Hutchinson, and a federal magistrate judge dismissed the complaint against the former FBI officials, saying it lacked probable cause and appeared politically motivated and timed with the midterms 12.
Elias is also involved in civil litigation in which the Justice Department sought to block certification of Alaska's Senate results if Senator Sullivan loses; a federal judge dismissed that suit on Sunday for lack of standing 12. Voters cast midterm ballots today.
The Record
- U.S. Attorney Michael Heyman holds a press conference disclosing the Alaska criminal investigation 12.
- A federal judge dismisses the Justice Department's suit to block certification of Alaska's Senate results 12.
- About 20 target and preservation letters have been issued in the probe, including to Marc Elias 12.
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Sources
- CBS News, “Attorney and Trump foe targeted in Alaska ballot probe, sources say” (2026-11-03). cbsnews.com/news/alaska-ballot-investigation-democrats-marc-
- WGHN, “Attorney and Trump foe targeted in Alaska ballot probe, sources say | WGHN” (2026-11-03). wghn.com/2026/11/03/attorney-and-trump-foe-targeted-in-alask
Found an error? Tell the newsroom. Corrections are noted at the top of the story.
More from the files
Top federal prosecutor in Alaska calls Peltola ballot allegations 'troubling'
U.S. Attorney Michael Heyman says new reporting on the Alaska Senate race has brought a surge of law enforcement resources, but he won't say what crimes are being investigated. The Justice Department plans to ask a court for an injunction by Monday, the day before the election.
Alaska tells judge Trump's demand to set aside Senate ballots is 'meritless'
The Republican-run state attorney general's office asked a federal judge Saturday to throw out the Justice Department lawsuit with prejudice, calling its request to separate ballots 'disturbing and impossible.' The filing lands four days before the election, as the FBI questions donors to the second Dan Sullivan.
FBI visits Dan J. Sullivan donors in Alaska as Senate inquiry widens before Tuesday's vote
Agents have knocked on donors' doors in Alaska and Massachusetts asking whether they were misled about which Dan Sullivan they backed. The Republican incumbent's Democratic challenger, Mary Peltola, calls the allegations 'garbage.'
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