DOJ issues new subpoenas in Alaska Senate investigation, asks judge to weigh in on ‘conspiracy’ involving 2 Dan Sullivans

The Justice Department has begun issuing a new wave of subpoenas following an ongoing criminal investigation into the Alaska Senate race, including the Democrats’ alleged efforts to recruit a candidate with the same name as outgoing Republican Senator Dan Sullivan, several sources familiar with the matter confirmed to CBS News.

The subpoenas target several Democratic officials allegedly linked to efforts to recruit Daniel J. Sullivan to appear on the Alaska ballot. No one involved in the race has been charged with a crime.

The department also amended its civil lawsuit seeking to block certification of the results if Sullivan lost due to “voter confusion,” adding details from a New York Times report about alleged efforts by people associated with Democrat Mary Peltola’s campaign to find candidates who could siphon votes away from Sullivan. The new filing calls the situation a “conspiracy to undermine the integrity of the electoral process.”

Peltola’s campaign and the Democratic Senatorial Campaign Committee have denied any connection to the effort to put Daniel J. Sullivan on the ballot. Daniel S. Sullivan has stated in the past that he is genuinely interested in running.

In a briefing with reporters Thursday, a Justice Department official gave his perspective on the department’s investigative approach to its criminal probe, saying there had been a “significant increase in activity” around the Alaska race over the previous 24 hours. The Times report was published Wednesday.

The Times article detailed internal emails and text messages from people with knowledge of the alleged recruitment efforts — information the official said could significantly expand the government’s ability to continue its criminal investigation, as such communications are historically difficult for investigators to obtain without search warrants or voluntary cooperation from people with access to the material.

The official also hinted at possible investigative steps, such as preservation requests from technology companies, search warrants for electronic communications and grand jury subpoenas to obtain documents or testimony from those allegedly involved.

Asked about federal crimes that might be involved in an alleged recruitment scheme, the Justice Department official identified two civil rights laws, 18 USC Sections 241 and 242, as potential avenues for prosecution.

Section 241 prohibits conspiracies to interfere with federally protected rights, including the right to vote, while Section 242 focuses on willful deprivation of rights under color of law. The official added that prosecutors could, in a situation like this, examine whether there was a coordinated effort to induce voters to select a candidate.

The official referenced the federal prosecution of Douglass Mackey, who was convicted of conspiracy for posting misleading messages online during the 2016 election, falsely encouraging Hillary Clinton supporters to vote by text message. This conviction was ultimately overturned by a federal appeals court in 2025.

Still, a Justice Department official acknowledged that the agency is not aware of any confirmed cases in which an Alaska voter mistakenly voted for the wrong Dan Sullivan.

“I think I haven’t heard of it, but it’s hard to say exactly,” the official said when asked if voters reported confusion or attempted to correct their ballots.

Republican Governor Mike Dunleavy led a separate state investigation this weekdirecting the Alaska Department of Public Safety to examine whether the alleged recruitment efforts violated state law and whether criminal or civil action is warranted.

CBS News has reached out to the Justice Department, Peltola’s campaign and the Democratic Senatorial Campaign Committee for comment.

A separate civil trial also extends

The criminal investigation is intensifying alongside a separate civil suit filed by the Trump administration last week seeking to block Alaska from certifying Senate election results in certain circumstances if the incumbent Republican president loses.

This lawsuit addresses government concerns that votes intended for Sen. Sullivan might instead go to Daniel J. Sullivan, a retired teacher whose candidacy had previously been challenged by state election officials, but finally given the green light to the Alaska Supreme Court.

The suit, which argues that Sullivan’s candidacy violates the National Voter Registration Act, was amended Thursday to include the Times’ articles. It now includes a second request for relief, arguing that the court must intervene under the Constitution’s Supremacy Clause to allow the government to enforce the law and prevent a “conspiracy.”

“While what The New York Times reports may not always be true, its reporting here aligns with what the United States claims about information and belief. It also aligns with common sense,” the amended complaint reads.

Alaska officials have already asked a federal judge to dismiss the suit, arguing that election administration is the state’s responsibility.

At Thursday’s briefing, before the complaint was amended, Justice Department officials largely characterized the civil lawsuit as an attempt to preserve the government’s ability to challenge the outcome of an election if it deemed it necessary.

“I don’t see this as anything other than legal action,” one official said, arguing that once ballots are counted and separated from envelopes, it becomes increasingly difficult to determine whether individual voters were confused.

The official also expressed interest in obtaining information about what Peltola’s campaign knew about the alleged recruiting operation and, further, when campaign officials may have known about it.

President Trump denounced the Alaska voting situation, calling for Peltola and Daniel J. Sullivan to be removed from the ballot. Asked by reporters about the Justice Department’s lawsuit, he said last week: “Well, I was the one who said, ‘Do it.’