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What the Justice Department Has Done in the Final Weeks Before the Midterms

From a lawsuit over Alaska’s Senate certification to charges against a Virginia state senator, the Justice Department has taken a series of politically sensitive actions in October. Here’s a timeline, what the department says, what critics say, and the norms at issue.

By Quinn BallardPublished

As of October 25, 2026. Election Day is November 3.

In the weeks before the November 3 midterms, the Justice Department and the White House have taken a series of actions involving elections, Democratic officials and longtime critics of President Trump. The department says it is enforcing the law impartially. Critics say the timing breaks with long-standing practice of avoiding politically sensitive steps right before an election.

Here’s what has happened, what each side says, and the rules and customs involved.

Timeline

October 7: Federal Reserve Governor Lisa Cook. The White House announced a “committee of inquiry” to examine allegations that Cook committed mortgage fraud by claiming two homes as primary residences. The allegations came from Federal Housing Finance Agency Director Bill Pulte. Trump moved to fire Cook in 2025 over the claims. Her lawyers have said any objective review would find she did not commit fraud.

October 12: Rep. Ilhan Omar. Homeland Security Investigations agents searched Omar’s Washington home and seized her phone in a criminal investigation into her immigration paperwork, and grand jury subpoenas were issued to some of her relatives, the Associated Press reported. The Wall Street Journal reported the government is building a case to revoke her citizenship. Omar, who is running for reelection, called the search intimidation. Immigration experts told the Journal the government faces a high bar to prove fraud.

October 15: California ballots. The Justice Department sued California and Los Angeles County to block the counting of mail ballots sent to about 20,000 people it believes are likely noncitizens. California Secretary of State Shirley Weber said the government hasn’t provided evidence for the list. On October 23, the department sent letters to county election officials giving them 48 hours to set aside those ballots, warning that officials who knowingly count noncitizens’ ballots could face criminal liability. A federal appeals court ordered California to respond to the department’s emergency request by Saturday.

October 22: Virginia state Sen. Louise Lucas. Federal prosecutors unsealed an eight-count indictment against Lucas, a Democrat who helped lead Virginia’s redistricting effort, and six others, alleging a marijuana distribution and racketeering conspiracy tied to a cannabis store she co-owns. Lucas faces five of the counts. Attorney General Todd Blanche said the investigation began years earlier, and CBS News reported it started during the Biden administration. Lucas has called the investigation intimidation.

October 22: Alaska Senate race. The department sued Alaska, asking a federal court to bar certification of the Senate result if Republican Sen. Dan Sullivan loses and could have won with the votes of a second candidate, Daniel J. Sullivan Jr. Trump said the next day that he ordered the lawsuit. Peltola’s campaign and the Democratic Senatorial Campaign Committee have moved to join the case to oppose it. A person affiliated with Sen. Sullivan’s campaign told the Alaska Beacon the senator didn’t ask for the suit and was surprised by it. (Our full explainer on the Alaska lawsuit.)

October 23: Former FBI officials. Two former FBI officials, Nikki Floris and Bradley Benavides, were charged with lying to Congress in 2023 about whether the FBI’s Foreign Influence Task Force was involved in investigations of Hunter Biden. FBI Director Kash Patel said no one is above the law. Their lawyers accused the department of timing the charges to revive the issue before the election.

The department has also pursued cases involving other longtime Trump critics, including former FBI Director James Comey and New York Attorney General Letitia James. [CHECK: current status of the Comey, James and Brennan matters before publishing.]

What the Justice Department says

  • On the elections cases: In a statement to Axios, the department said the California case concerns preventing unlawful ballots from being counted, arguing that a ballot can’t be “uncounted” once it’s counted. It describes the Alaska suit as protecting the integrity of the election from a candidacy Alaska’s own elections director found was meant to mislead voters.
  • On timing: The department called linking the Lucas and FBI officials’ cases to the midterms “a smear,” noting that none of the defendants are on the November ballot. Blanche said the department doesn’t do “political paybacks.”
  • On independence: The department says it is part of the executive branch under the Constitution, and accused the Biden administration of using federal law enforcement for political purposes. In a podcast interview on October 21, Blanche called the idea of separation between the Justice Department and the White House a “misperception” and said, “I work for President Trump.”

What critics say

  • Democrats and voting rights groups say the Alaska and California actions are attempts to influence or overturn election outcomes. Legal experts have questioned whether federal law lets the department block a state’s certification, and how voters’ intentions could be investigated without compromising the secret ballot.
  • Election officials in California have called the 48-hour demand intimidation and say the department misrepresented their earlier responses.
  • Critics of Blanche’s comments say the department’s post-Watergate independence from the White House on individual cases is a core safeguard.

The rules and customs at issue

Pre-election caution. The Justice Department has long observed an informal practice of avoiding overt investigative steps or charges involving candidates or campaigns in roughly the 60 days before an election. It isn’t a written rule. The department’s written policy is narrower: prosecutors may not time investigative steps or charges to affect an election or help a candidate or party.

Independence. The attorney general serves at the president’s pleasure, and presidents set enforcement priorities. Since Watergate, administrations of both parties have generally limited White House contact with the department about specific cases. Blanche’s comments and Trump’s statement about the Alaska suit depart from that practice.

A precedent. In 2016, FBI Director James Comey’s letter to Congress about Hillary Clinton’s emails, sent 11 days before the election, led to a broad debate about law enforcement’s role in elections.

What to watch

  • Rulings in Alaska and California, which could come before or after Election Day.
  • The Cook committee’s hearing and whether it leads to a new attempt to remove her.
  • Court appearances for Lucas and the former FBI officials.

Sources

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