The Justice Department has identified Democratic attorney Marc Elias and around 20 other Democratic operatives in a criminal investigation into an effort to recruit a second candidate with the same name as Alaska Republican Sen. Dan Sullivan to divert votes and benefit Democrat Mary Peltola.
CBS News reported Tuesday that Elias is among those who received target letters, preservation letters or grand jury subpoenas. Around 20 letters have been issued, and the Democratic Senatorial Campaign Committee (DSCC) has also received a grand jury subpoena. Axios reported that investigators are examining possible donor fraud and conspiracy charges. Deputy White House Chief of Staff Stephen Miller previously pointed to possible violations of 18 U.S.C. § 241, a federal civil rights conspiracy statute.
The probe is being led by the U.S. Attorney’s Office in Alaska, with assistance from the Justice Department’s Civil Rights Division. Acting criminal section chief Brandon Wrobleski has sought assistance from Alaska federal prosecutors, some of whom reportedly declined or expressed discomfort with participating.
The investigation centers on the recruitment of Daniel J. Sullivan, a retired teacher and former Alaska Independence Party member, to run as an unaffiliated candidate against Sen. Dan Sullivan. Alaska election officials removed him from the ballot in June, but a state court ordered his reinstatement, a decision later upheld by the Alaska Supreme Court. He received about 2.5% of the vote in the Republican primary, qualifying for the general election. The New York Times reported that lawyers for Mary Peltola’s campaign and senior Democratic operatives helped recruit him.
Last week, Alaska U.S. Attorney Michael Heyman held a news conference with the FBI’s special agent in charge in Anchorage to publicly announce the investigation. Heyman said the efforts had been underway quietly for several months, but the recent reporting prompted a significant increase in law enforcement resources assigned to the case. He denied that the department was escalating its actions or timing them around the election.
