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DOJ names election attorney as target in Alaska Senate probe

Letters sent to Marc Elias and others signal a widening of the criminal inquiry into voter confusion in the state's high-stakes Senate race.

By Marta Gray ·

Illustration for: DOJ names election attorney as target in Alaska Senate probe
Illustration generated for this article, not a news photograph.

The Justice Department has formally identified prominent Democratic attorney Marc Elias as a potential target in its criminal investigation of an Alaska Senate candidate, a move that signals a sharp escalation in the probe on Election Day. Two people familiar with the matter said the department also issued similar letters to other individuals, marking a distinct widening of the inquiry into potential voter confusion in the state.

The investigation centers on a candidate who shares a name with the incumbent Republican, Sen. Dan Sullivan. The news of the target letters broke while voters cast ballots in a race between Sullivan and former U.S. Rep. Mary Peltola. This contest is among the few nationwide expected to determine control of the Senate.

Alaska U.S. Attorney Michael Heyman told reporters in Anchorage that the investigation has continued for several months. He noted that recent reports from The New York Times, which suggested Peltola’s campaign was involved in recruiting retired teacher Dan J. Sullivan, triggered a large deployment of law enforcement resources to the state.

According to one person briefed on the probe, investigators have issued more than 100 subpoenas as part of the effort. The department defines a target as a person against whom it has gathered substantial evidence linking them to a possible crime and regards as a potential defendant. This designation places individuals at a higher risk of indictment compared to those merely under investigation.

Elias, who has represented Democratic campaigns and the party itself in election challenges for years, reacted to the news with a statement. He described the timing as surprising and accused the administration of using the Justice Department against political opponents without evidence of wrongdoing.

The use of target letters is not a guarantee of prosecution. In many cases, the department avoids requiring targets to testify before a grand jury due to constitutional protections against self-incrimination. However, the Trump administration has faced difficulties securing grand jury indictments in politically sensitive cases, a history that may influence the outcome of this probe.

Elias said his firm would not be intimidated by what he called a sham investigation. He stated that the team would work around the clock to support clients and aim for a strong electoral result for the Democratic Party. He did not return messages seeking comment after the initial statement.

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