DOJ Alaska probe mirrors legal theories used in Trump election case

The Justice Department is investigating whether Democratic operatives recruited a retired teacher to siphon votes from Republican Senator Dan Sullivan in the Alaska Senate race. This criminal inquiry mirrors the legal theories used in the 2023 prosecution of Donald Trump over the 2020 election.

Former Federal Election Commission member Hans von Spakovsky told Fox News Digital that the Trump administration's current probe relies on the precedent set by special counsel Jack Smith. Von Spakovsky, a senior legal fellow at Advancing American Freedom, noted that critics called the current Alaska case weak. He countered that the 2023 indictment against Trump established the framework for such federal intervention.

Alaska U.S. Attorney Michael Heyman announced the investigation on Friday. He stated the department is examining whether Daniel J. Sullivan, a candidate with no party affiliation, colluded with aides from the campaign of Democratic candidate Mary Peltola. Heyman joined FBI officials and Alaska State Troopers for the announcement.

The federal government previously sued Alaska election officials in October to block certification if Senator Sullivan lost by fewer votes than those cast for Daniel J. Sullivan. Heyman amended that lawsuit on Friday to include reporting by The New York Times. The report alleged that the Democratic Senatorial Campaign Committee and Peltola aides worked to recruit candidates to pull votes from the incumbent. Heyman said the department is taking that reporting extremely seriously.

Sources within the Justice Department reported that the administration issued more than 30 subpoenas in 24 hours on Thursday. Heyman did not specify what criminal charges are being pursued during the news conference. He stated he is not making assumptions about whether a crime occurred and that the department is conducting a thorough investigation.

Von Spakovsky said potential indictments could use federal statutes similar to those in the Trump case. Those charges included conspiracy to defraud the United States and conspiracy against rights. In the 2023 case, prosecutors alleged Trump used fraud to obstruct the certification process. Von Spakovsky suggested prosecutors could apply the same logic if they find operatives knowingly recruited Daniel J. Sullivan to confuse voters.

Aubrey Wieber, executive director of the 907 Initiative, argued the investigation announced on the eve of the election stems from ulterior motives. She told Alaska Public Media that the federal government appears to be trying to interfere in the election. Omar Noureldin of Common Cause said the Alaska Supreme Court had already settled the ballot label issue in June.

Von Spakovsky described recruiting a candidate with the same name as an opponent as a dirty trick. He said the act is not necessarily criminal unless operatives paid the candidate or provided services to organize his campaign. Providing such assistance outside of volunteer status is an in-kind contribution subject to federal reporting rules.