Justice Department's pre-election blitz draws scrutiny six days before midterms

Six days before the midterm election, The Associated Press reports that President Donald Trump's Justice Department has carried out a series of politically sensitive actions this month, including a home search involving Democratic U.S. Rep. Ilhan Omar, new charges against two former FBI officials, a fresh attempt to prosecute former FBI Director James Comey, and lawsuits in Alaska and California related to next week's voting ¹².

The AP reports that the moves have largely been directed at outspoken critics of Trump or at issues that have animated the Republican's base, and that critics say the timing and targets are no coincidence ¹². The Justice Department said in a statement that it is "following the facts and the law, not anyone's political timetable" ¹².

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What the department did this month

According to the AP, federal agents searched Omar's home and seized her phone, and more than a dozen grand jury subpoenas have been issued, including to some of her relatives, as investigators examine issues related to her immigration paperwork. Omar is on the ballot Tuesday for another term representing Minnesota's 5th District ¹².

The department also charged two former FBI officials with making false statements to Congress about their knowledge of a laptop the department says belonged to former President Joe Biden's son Hunter. The AP reports the case emerged from an investigation that began immediately after a July speech on election security by Trump and was ordered by FBI Director Kash Patel, according to testimony Tuesday from an FBI agent assigned to the probe ¹².

From Channel GOPBlanche won't say if Trump ordered Alaska lawsuitTodd Blanche · 168 plays · captioned, with the source named

In a separate case, newly unsealed court papers revealed Monday that prosecutors are attempting to bring the third criminal case against Comey since Trump returned to the White House, accusing him of leaking classified information a decade ago, the AP reports. Comey's legal team has described the move as legally invalid and politically motivated, and a judge is set to hear arguments Friday ¹².

The department's defense

The AP reports that the Justice Department has a long-accepted practice of avoiding overt investigative actions against candidates in the weeks before an election. The department said the practice is informal, not a written rule, and is meant to stop prosecutors from choosing the timing of an action to affect an election ¹².

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Attorney General Todd Blanche has defended the timing of the search of Omar's home, which was approved by a federal judge. He told reporters last week, "I can tell you unequivocally that the decision to seek a search warrant had nothing to do with what's happening in November" ¹².

Asked about the latest case against Comey, Trump said this week that he didn't know anything about it, but added, "He's a dirty cop, James Comey" ¹².

Never in the modern history of the Department of Justice has there ever been such a brazen disregard for time-honored norms and protocols in conceiving of or undertaking politically sensitive investigations

Why it matters

The pattern is one of unusual legal maneuvers in the final stretch of a campaign. The AP reports that prosecutors bypassed grand juries to file what are effectively placeholder cases against Comey and the ex-FBI officials in Washington, where prosecutors over the past year have repeatedly struggled to secure indictments ¹². U.S. Magistrate Judge Zia Faruqui, overseeing the ex-FBI officials' case, described the procedure as unusual and told prosecutors, "Everything is a little sideshow on top of a sideshow" ¹².

That matters because the department's own practice is meant to keep federal law enforcement from affecting an election's outcome, and the AP reports that successive attorneys general have issued memos during election cycles reminding employees not to make an investigative move designed to help or hinder any particular candidate ¹². With the election on Tuesday, Nov. 3, the cases are now unfolding in court and in public view at the same time voters are casting ballots ¹².

The Record

1. Oct 26, 2026Newly unsealed court papers revealed prosecutors are attempting to bring the third criminal case against James Comey since Trump returned to the White House ¹².
2. Oct 27, 2026An FBI agent assigned to the probe testified that the investigation into two former FBI officials began immediately after a July speech on election security by Trump and was ordered by FBI Director Kash Patel ¹².
3. Oct 28, 2026The Associated Press reported the Justice Department's blitz of politically sensitive cases and actions during the midterm campaign ¹².

Sources

1. ABC News, “Justice Department makes a splash with politically sensitive cases and actions during midterm blitz” (2026-10-28). abcnews.com/US/wireStory/justice-department-makes-splash-pol
2. The Seattle Times, “Justice Department makes a splash with politically sensitive cases and actions during midterm blitz | The Seattle Times” (2026-10-28). seattletimes.com/nation-world/nation/justice-department-make

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