Anchorage, Alaska — The Justice Department’s top prosecutor in Alaska called new reporting about the origins of an independent candidate’s Senate campaign “troubling,” and said the new information “has resulted in a significant surge of law enforcement assets” to the state.
But Michael Heyman, the U.S. attorney for the District of Alaska, declined to detail what specific crimes are being investigated as Daniel J. Sullivan, a candidate with the same first and last name as the Republican incumbent senator, Dan Sullivan, is set to appear on the ballot Tuesday. Heyman said he’s “not making any assumptions on whether a crime has been committed or not.”
“That’s what we do, is we investigate whether a crime has been committed under several theories, so I’m not going to comment on what those theories are, and I’m also not going to put the cart before the horse,” he said.
Heyman also said during the press conference: “We are aware of the recent New York Times reporting regarding the Peltola campaign and the Democratic Senatorial Campaign Committee, that they orchestrated a sprawling conspiracy to recruit and prop up Daniel J. Sullivan as a sham candidate, and we are taking that extremely seriously.”
Asked by CBS News why the Justice Department is choosing to escalate the case ahead of the election, Heyman said, “We’re not escalating anything except to the extent that a new article came out.”
“This has been going on sort of quietly for several months, with the intent not to escalate anything,” he said, adding that investigators are going to take allegations involving election integrity seriously, even if a few days before the election.
Republicans have claimed that Daniel J. Sullivan is a plant by Democrats to confuse voters and boost the Democratic candidate, Mary Peltola, in one of the most competitive Senate races in the country.
Peltola and national Democrats have strongly denied any involvement in his campaign. Peltola said Thursday she is “not interested in tricking voters” and “knew nothing about any other candidates on the ballot except for me and the incumbent.”
The Democratic Senatorial Campaign Committee has argued Republicans have been linked to their own efforts to stack the Alaska ballot in order to help their preferred candidates, including in this year’s Senate primary and in other elections.
State election officials initially determined Daniel J. Sullivan was not eligible to appear on the ballot, accusing him of a “deliberate attempt” to confuse Alaska voters. But the decision was overturned by state courts, which ruled that state officials didn’t have the authority to exclude a candidate based on their interpretation of “good faith.”
The controversy drew renewed scrutiny after the New York Times reported that operatives linked to Peltola’s campaign helped recruit the second Sullivan to run. Alaska Gov. Mike Dunleavy ordered an investigation into the matter and the Justice Department has issued subpoenas targeting several Democratic officials.
In a separate civil case, the Trump administration has sued to block Alaska from certifying the results of the Senate race if the Republican incumbent loses because of “voter confusion.”
On Friday, the Justice Department asked for a preliminary injunction, saying it wants to “ensure the preservation and segregation of ballots that may be impacted by voter confusion.” The government also asked for expedited discovery. Heyman said earlier that the department would request expedited discovery by Monday, a day before the election. The filing heavily relies on the New York Times’ reporting.
“Daniel J. Sullivan does not seek to serve in the U.S. Senate but rather seeks to confuse voters,” the filing says. “Accordingly, there will indeed be voter confusion caused by this frivolous candidacy.”
During the news conference, Heyman also said that he had been recused from the matter some time ago, but that the recusal “has officially been rescinded.” Heyman said he had been recused because he was being considered for a judicial nomination, which is no longer the case.