Justice Department issues subpoenas in Alaska Senate race probe

The Justice Department has begun issuing a new wave of subpoenas in a criminal investigation into Alaska’s Senate race, focusing on alleged efforts to recruit a candidate with the same name as Republican incumbent Sen. Dan Sullivan. No one involved in the race has been charged with a crime.

The subpoenas target several Democratic officials believed to be tied to the recruitment of Daniel J. Sullivan, CBS News reported, citing people familiar with the matter. The retired teacher’s candidacy was challenged by Alaska election officials but ultimately allowed by the state Supreme Court.

The New York Times reported Wednesday that people associated with Democratic candidate Mary Peltola’s campaign worked to recruit another Dan Sullivan. The Guardian reported that the Times described the effort as intended to confuse voters seeking to support the Republican incumbent. Peltola’s campaign and the Democratic Senatorial Campaign Committee have denied any connection to putting Daniel J. Sullivan on the ballot. Daniel J. Sullivan has previously said he is genuinely interested in running.

The criminal inquiry is proceeding alongside a civil lawsuit filed by the Trump administration last week. The suit seeks to prevent Alaska from certifying the Senate results under certain circumstances if the Republican incumbent loses, based on concerns that votes intended for him could instead go to Daniel J. Sullivan. Alaska officials have asked a federal judge to dismiss the case, saying election administration is a state responsibility.

The Justice Department amended the lawsuit Thursday, adding details from the Times report and a claim under the Constitution’s Supremacy Clause. The amended complaint calls the alleged effort a “conspiracy to undermine the integrity of the electoral process.” It also says: “Although what the New York Times reports is not always true, its reporting here aligns with what the United States has been alleging on information and belief. It also aligns with common sense.”

At a Thursday briefing, a Justice Department official said investigative activity surrounding the race had increased significantly over the previous 24 hours. The official suggested that communications described by the Times could help investigators pursue the criminal inquiry.

Asked what laws might apply, the official identified two federal civil rights statutes as possible avenues for prosecution. One prohibits conspiracies to interfere with federally protected rights, including voting rights; the other concerns willful deprivation of rights under color of law. The official said prosecutors might examine whether there was a coordinated effort to trick voters into choosing a candidate.

The department was not aware of a confirmed instance of an Alaska voter mistakenly casting a ballot for the wrong Dan Sullivan, the official said. “I think I’ve not heard of that, but it’s hard to tell exactly,” the official said when asked about reports of voter confusion.

Republican Gov. Mike Dunleavy has directed a separate state investigation into whether the alleged recruitment effort violated Alaska law. President Trump said last week that he had ordered the Justice Department lawsuit. Asked about it by reporters, he said: “Well, I’m the one that said, ‘Do it.’”