Anchorage, Alaska — The federal investigation hanging over Alaska's U.S. Senate race escalated sharply on Friday, October 30, when the state's top federal prosecutor and the head of the FBI's Anchorage field office stood before reporters and confirmed that parallel criminal and civil investigations are under way, backed by what they called a significant surge of law enforcement resources to Alaska. U.S. Attorney Michael J. Heyman, appearing alongside FBI Special Agent in Charge Matthew Schlegel at the federal courthouse in downtown Anchorage, announced no charges, named no defendants and identified no specific law he believes was broken — four days before Election Day in a race that could help decide control of the U.S. Senate.
Source: Associated Press via Alabama Newswire
This is a major new development in a story this site has been following in stages. The Justice Department had already sued Alaska seeking to block certification of the Senate result if Republican incumbent Senator Dan Sullivan loses, a lawsuit President Donald Trump publicly said he ordered; and Alaska Governor Mike Dunleavy had separately ordered a state investigation into the same alleged scheme. Friday's press conference, the FBI's first direct approaches to campaign donors, and a fresh federal court filing asking a judge to set ballots aside take the federal involvement to a new level — from a civil lawsuit and a state inquiry to an active criminal investigation operating in public, in the final days of voting.
The FBI knocks in Petersburg
On Friday the investigation became visible on the ground. An Anchorage-based FBI agent travelled to Petersburg, the small fishing community — reachable only by air or water — where independent candidate Daniel J. Sullivan lives, and visited a boat dealership to reach one of his donors. The agent left a business card for Charles Flint, who contributed $500 to Sullivan's campaign over the summer. Flint told the Associated Press he has known Sullivan for years as a respected teacher and musician, gave because a long-shot candidate would have expenses, and respected him for 'throwing his hat in the ring.' In a detail that underlines how unusual the case is, Flint said he himself intends to rank Democrat Mary Peltola first on his ranked-choice ballot, and Daniel J. Sullivan second. Federal authorities say donor outreach like this is aimed at establishing whether donors were deceived — no donor has been accused of wrongdoing.
The allegation at the centre — and the denials
The surge followed a New York Times report published Wednesday, October 28, which alleged that operatives tied to Peltola's campaign and senior aides at the Democratic Senatorial Campaign Committee (DSCC) helped recruit Daniel J. Sullivan — a retired teacher who is also registered as a Republican — to enter the race as a supposed sham or spoiler candidate, in the hope that voters confusing the two Sullivans would drain votes from the incumbent. These are allegations, not findings: Peltola, her campaign and the DSCC deny involvement in recruiting him, no charges have been announced against anyone, and Heyman declined to say what possible crimes investigators are examining. At least three dozen subpoenas and preservation requests have gone out, including to the campaign offices of Peltola and of Daniel J. Sullivan, according to reporting on the probe.
Source: Political.org (probe detail report, Oct 30)
A second fight, over the ballots themselves
In parallel, the Justice Department pressed its civil case on Friday, asking a federal judge to order the preservation and segregation of ballots ranking Daniel J. Sullivan, so officials can later investigate potential voter confusion, and asking for documents to determine whether his candidacy is, in the department's words, 'frivolous or fraudulent.' Heyman said the department has amended its civil complaint to add an allegation under the Supremacy Clause of the U.S. Constitution, plans to file a motion for a preliminary injunction and will seek expedited discovery by Monday, November 2. The civil case is before U.S. District Judge Sharon Gleason. The earlier civil suit goes further still: it asks a judge to block Alaska from certifying the Senate result if Senator Dan Sullivan loses because of the namesake candidate's presence.
President Trump has personally driven the pressure. When the civil suit was filed a week earlier, he told reporters, 'I'm the one that said do it.' Reuters reported that at a Florida rally on Friday he again called for Peltola to be prosecuted and described the matter as 'This is voter fraud at the highest level.' Those are the president's characterisations of an unproven allegation; the campaigns accused deny the claim, and reporters at Friday's press conference challenged officials on both the legal basis for the federal action and its timing, days before an election in a state where voting is already under way.
Source: Reuters via HI-99 (Oct 30)
Why this race matters so much
Alaska's contest is widely seen as one of the Senate races that could sway control of the chamber, which President Trump's Republicans now hold narrowly. Former congresswoman Mary Peltola is challenging Senator Dan Sullivan in a ranked-choice general election. The presence of Daniel J. Sullivan Jr., an independent who shares the incumbent's name, is what turned a competitive race into a federal case: the administration argues voters may be confused; critics of the intervention argue that federal prosecutors and the FBI holding a press conference about an opposition campaign four days before Election Day is itself an extraordinary step in a state-run election, which under the U.S. Constitution is administered locally. Both of those positions are now effectively before the courts and the voters at the same time.
Said: criminal and civil investigations are ongoing and have run for several months; a surge of FBI agents and prosecutors has been sent; the probe is led by First Assistant U.S. Attorney Tom Bradley; the public can send tips to tips.fbi.gov or 1-800-CALL-FBI (1-800-225-5324). Not said: any charge, any named target, or any specific law allegedly broken. One further internal step also surfaced: on October 29 the Justice Department rescinded an earlier recusal by Heyman, returning him to direct charge of the matter a day before he fronted the press conference, according to officials there.
What happens next
The calendar is now extremely tight. The Justice Department's preliminary-injunction motion and expedited-discovery request in the civil case are expected by Monday, November 2; Alaskans finish voting on Tuesday, November 3; and the certification fight the department started — its bid to stop the state certifying a result it disputes — would follow the count. The criminal investigation, by contrast, has no public timetable: Heyman said it will proceed and that officials will give no further detail on targets or next steps for now. For Alaska voters, the immediate practical point is that the ballots are still being cast and counted under the existing ranked-choice rules unless a judge orders otherwise before or after Election Day.
